What should I do if the banker s acceptance draft is damaged?

You ask the bank, if you can come up with a certificate to solve the problem, then it is better. As for the template of the certificate, you can go directly to the financial network to ask the **customer service for a copy. They'll send it to you for free.

Go to the acceptance bank (which is also the account bank of the payer) to report the loss, but the loss report can only stop payment for 12 days, and the right to obtain the bill can not be obtained only through the loss report, and the money cannot be obtained when it expires.

Therefore, after reporting the loss, you have to go to the court where the acceptance bank is located to apply for publicity and reminder, and no one else has any objection after the expiration of the publicity, and the court will rule that you have the right to obtain the bill, and you can collect and take the money.

Bring proof of the legal formalities you have in place to obtain this bill, such as the contract you made with your previous transaction, invoice, etc.

The loss of bank acceptance bill is a kind of loss of commercial bill. The so-called loss of commercial bills refers to the complete loss of commercial bills due to burning, wear and tear, defacement, or loss of possession of commercial bills due to loss, theft, robbery and other reasons.

1. Complete loss. Complete loss refers to the devastating damage to the instrument itself and cannot be restored to its original form, so it is called absolute loss.

2. Relative loss. Relative loss refers to the loss of possession of the commercial bill of exchange by the bearer, but the instrument itself still exists and remains intact.

Since the exercise of the right of the instrument is based on the right holder's possession of the instrument, after the loss of the instrument, the exercise of the right of the instrument loses the basis. For the holder of the negotiable instrument, the right of the negotiable instrument is not lost due to the loss of the mu of the negotiable instrument, but the loss of the negotiable instrument will produce a greater risk, such as the right of the negotiable instrument is fraudulently used by the non-obligee. The Negotiable Instruments Law provides certain remedies for the loss of negotiable instruments to protect the interests of the right holder.

Second, the remedial measures for the loss of bank acceptance bills.

1) The legal basis is Article 15 of China's "Negotiable Instruments Law": "If the negotiable instrument is lost, the person who loses the negotiable instrument may promptly notify the payer of the negotiable instrument to report the loss and stop payment, except for the negotiable instrument that does not record the payer or cannot determine the payer and its ** payer." The payer who receives the notice of loss report and stop payment shall suspend payment.

The person who lost the bill shall, within 3 days of notifying the loss report and stop payment, may also directly apply to the people's court for publicity and reminder in accordance with the law after the loss of the bill, or file a lawsuit with the people's court. ”

The "loser" here refers to the bearer, that is, the last legal possessor of the instrument.

2) Remedial measures.

1. Swift and hidden side remediation process: after discovering the loss of the bank acceptance bill, immediately report the loss to the acceptor's issuing bank and report the loss in writing, and apply to the people's court where the acceptor's issuing bank is located to publicize and urge the bill of exchange to handle the collection voucher after it expires.

2. Report the required materials to the billing bank in writing.

Fill in the Notice of Loss Report and Stop Payment (provided by the bank, in duplicate).

Provide a copy of the business license of the last bearer or the last endorser, the ** certificate of the organization department, and the identity certificate of the legal person and affix the official seal.

Power of attorney for legal persons.

Handler ID card.

3. Apply to the people's court for the materials required for publicity and reminder.

Notification of application form.

Certificate of Legal Representative.

Power of attorney for legal persons.

Proof of holding the instrument (from the drawer to the last bearer, there is a certificate of holding the instrument and transferring the instrument).

4. Acceptance and collection procedures before the maturity date of the bill.

Notice of Loss Report and Stop Payment.

A copy of the organization's ** certificate (with official seal).

Civil judgments, announcements, and collection vouchers (the last bearer's bank handles the collection to the bank).

Note: The loss of bills is not only risky, the remedial procedures are complicated and cumbersome, and the cost is quite high, and the bank loss report fee is as high as the face value, as well as the court announcement fee, etc., so all links must strengthen the collection and management of bank acceptance bills to prevent the loss of bank acceptance bills.

If the transfer is selected to arrive in real time, and during working hours, then the transfer will arrive within 2 hours, and it cannot be recovered after the account arrives, and the user can only call the police immediately and ask ** to freeze the other party's bank account, so that the bank can directly transfer the funds back, but the probability of being recovered is relatively small.

If the transfer is Shixian 24 hours to the account, then the user can cancel the transfer, after the cancellation of the capital Chi Kaijin immediately transferred to the user's account, the user in the transfer code to carefully check the name, card number, bank and other information.