RIB fraud: law firm obtains decision in favor of the good-faith debtor

You've paid. Your transfer has been sent. And yet, your creditor is asking you for the same amount again, explaining that they never received anything.

This situation, which may seem absurd, is actually one of the most formidable consequences of RIB fraud.

The mechanics of RIB fraud

The process is now well documented: a scammer intercepts an email exchange between two parties, substitutes fraudulent bank details for the real ones, and pockets the transfer. The real creditor has received nothing. The debtor, however, has paid, but to the wrong account.

This raises a legal question of particular brutality: is this payment, made to a fraudulent account, a valid discharge of debt? Is the debtor obligated to pay a second time?

The apparent creditor theory: conditional protection

Article 1342-3 of the Civil Code provides an answer: «payment made in good faith to an apparent creditor is valid.».

This provision, stemming from the theory of appearance, allows the debtor to be released from their obligation when they legitimately believed they were paying the correct creditor, even if the funds were actually misappropriated by a third party.

However, this protection is not automatic. It requires that the debtor's belief be based on a legitimate appearance: would a reasonable person, in the same circumstances, have acted in the same way? The judge assesses the verifications made by the debtor before proceeding with the payment.

The facts of the case

In this case, our client received bank account details by email, via the usual email address for corresponding with their creditor. This bank account information showed no apparent anomalies: the company name was correct, the address exact, and the BIC code matched the mentioned banking institution.

The decision

The Paris Judicial Court, ruling in summary proceedings, found that our client acted in good faith, and therefore the payment made to an apparent creditor was a valid discharge.

Consequently, the request for an advance payment of €16,800 was rejected, and the plaintiff company was ordered to pay €1,500 to our client for legal fees incurred.

Practical teachings

This decision illustrates a reality that executives, accountants, and financial directors must keep in mind: in cases of RIB fraud, the debtor is not necessarily forced to pay twice. The outcome will, however, depend on the specific circumstances of each situation, particularly the information available to the debtor at the time of payment.