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    Banks have the obligation to reimburse the unrecognized charges, when the account holder denounces the fact

    The first room of the Supreme Court of Justice of the Nation (SCJN) approved that when the owner of a bank account denounce unauthorized withdrawals from his debit card, banks should reimburse the amounts withdrawn.

    This Friday, December 11, the First Room of SCJN published a thesis of jurisprudence in which it determined that banks should reward the amounts withdrawn from debit cards, without the authorization of the account holder.

    In the event that banks do not reward the amounts withdrawn, the Bank must pay ordinary and moratorium interest due to the delay incurring at a rate of 6 percent. “For the depository has a duty to care about the money that the depositor is given,” mentions the thesis.

    Based on the General Law on Titles and Credit Operations, the Law on Credit Institutions and the Commercial Code, the SCJN determined that the banks have the obligation to preserve and restore the money from the features.

    The First Room of the SCJN argued that the Commercial Code establishes that the Bank must reimburse the charges not recognized by the account holder on your debit card. In addition, the reimbursement will only be made if the account holder denounces the fact before the Bank and requests its restitution.

    However, the Bank will not make the reimbursement if the withdrawal performed a person other than the account holder, due to the carelessness of the account. In that case, the person who carried out the retreat will remain as a debtor in front of the account.

    The thesis was approved by the first SCJN room in a virtual session on December 2. But Banks is considered mandatory to start from next Monday, December 14, 2020.

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