Bank disputes over fraud and unrecognized charges

If your Mexican bank charged you for transactions you do not recognize, your card was cloned, or transfers left your account without your authorization, you can file a claim. Castro Defense handles bank dispute claims for individuals and businesses across Mexico, including foreign residents and companies banking in Mexico: first with the bank and CONDUSEF (Comisión Nacional para la Protección y Defensa de los Usuarios de Servicios Financieros, Mexico’s financial consumer protection agency) and, if that does not resolve it, in court. The whole process with us is online and follows Mexican law.

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No upfront fees: we only get paid if we recover

We do not ask for an advance payment: we only get paid once you recover. Our fees are a percentage of what is actually recovered, set by the complexity of the case. You cover only related costs, such as expert reports or supplies. The terms are set out in the contract you review before signing. We do not promise results: recovery depends on the evidence and on the decision of the bank, CONDUSEF or the judge.

What to do first when you spot an unrecognized charge

1. Block the card or online banking access as soon as you notice.
2. File a clarification request (solicitud de aclaración) at the branch or with the bank’s Specialized User Service Unit (UNE) within 90 calendar days of the statement cut-off date or of the transaction, and keep the receipt or reference number.
3. Keep the evidence: statements, text messages, emails, app notifications and screenshots.
4. Do not delete or forward messages related to the fraud; they may be evidence.

Your rights with the bank

Under Mexico’s Law for the Transparency and Regulation of Financial Services (art. 23), once you file a clarification request:

• The bank must acknowledge receipt and, within a maximum of 45 days, give you a written opinion with a copy of the evidence it relied on and a report answering every fact you raised. For transactions made abroad, the deadline can be up to 180 calendar days.
• For certain credit products, you may withhold payment of the disputed amount while it is resolved.
• While the clarification is pending, the bank may not report those amounts to credit bureaus as overdue.

Each bank’s UNE must also answer inquiries and claims in writing within 30 business days (Law for the Protection and Defense of Financial Services Users, art. 50 Bis). And the Credit Institutions Law requires banks to set out in their contracts the user identification methods for electronic banking and the responsibilities for their use (art. 52).

CONDUSEF first, then court

If the bank rejects your clarification, you can file a claim with CONDUSEF:

• Deadline: two years from the event or from the bank’s refusal (art. 65).
• Effect: the claim suspends the limitation period for your legal actions until the procedure ends (art. 66).
• Conciliation: for claims under three million investment units (UDI), CONDUSEF schedules a conciliation hearing within 20 business days, which can be held by phone or other suitable means (art. 68).
• Formal opinion: if there is no settlement or arbitration, CONDUSEF may issue, at the user’s request, an opinion that in smaller claims can be directly enforceable (art. 68 Bis).

If the administrative route does not solve the problem, the next step is a lawsuit before the competent court.

How does it work online?

1. Case evaluation form. Describe what happened and attach your statements and clarification reference, if you have one.
2. Document review. A lawyer reviews your case and tells you whether there appears to be a viable claim, what is missing and which deadlines apply. Response time: 48 calendar hours, or 1 to 4 hours in urgent matters.
3. Contract and power of attorney as a PDF. You sign with your e.firma (the advanced electronic signature issued by Mexico’s tax authority, SAT) or another electronic signature. If any step requires a handwritten signature or your presence, we will tell you first.
4. Case updates. We report each step before the bank, CONDUSEF or the court. Channel: channel and frequency of updates.

Documents to gather

• Official ID and the account or card contract.
• Statements showing the charges.
• Clarification reference number and the bank’s reply, if you already filed one.
• Messages, emails or notifications related to the transactions.
• Criminal complaint filed with the public prosecutor, if any.

When the case depends on proving you did not make the transaction, digital forensics can document messages, logins and devices with chain of custody.

How to know you are dealing with real lawyers

Attorneys who handle these matters: names and cédula profesional numbers. Verify any professional license in the National Registry of Professionals of Mexico’s Ministry of Public Education. Your data is handled under our privacy notice. See the other areas of our legal defense practice.

Tell us about your case

Case review · 2 min

Step 1 of 6

No upfront fees: we only get paid if we recover. Fees: a percentage of what is recovered, set by the complexity of the case.

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01

What happened?

Choose the option closest to your case.

Card charges I do not recognizeCredit or debitTransfers or withdrawals I did not makeSPEI, online banking or appCard cloning or theftA loan or account opened in my nameIdentity theftAnother problem with the bank

02

When did you notice the charge or transaction?

Less than 30 days ago30 to 90 days agoMore than 90 days agoMore than two years ago

03

Have you already disputed it with the bank?

Not yetYes, and it is still pendingYes, and the bank rejected itYes, and I have gone to CONDUSEF

04

Roughly how much money is involved?

In Mexican pesos. An estimate is enough.

Under MXN 10,000MXN 10,000 to 50,000MXN 50,000 to 250,000Over MXN 250,000Not sure yet

05

Which documents do you have?

Check any you have. If none, just continue.

Statements showing the chargesClarification reference numberThe bank's reply or opinionMessages, emails or notificationsCriminal complaint with the public prosecutor

06

How can we reach you?

A lawyer will review your answers.

Full name *

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This content is for information only and is not legal advice for a specific case. The outcome of any proceeding depends on the facts, the evidence and the authority's decision; Castro Defense does not guarantee results.

This content is for information only and is not legal advice for a specific case. The outcome of any proceeding depends on the facts, the evidence and the authority’s decision; Castro Defense does not guarantee results.

Official sources

• Law for the Transparency and Regulation of Financial Services (LTOSF), art. 23. Chamber of Deputies (Spanish).
• Law for the Protection and Defense of Financial Services Users (LPDUSF), arts. 50 Bis, 63, 65, 66, 68 and 68 Bis. Chamber of Deputies (Spanish).
• Credit Institutions Law (Ley de Instituciones de Crédito), art. 52. Chamber of Deputies (Spanish).
• CONDUSEF. Government of Mexico (Spanish).

Frequently asked questions

How long do I have to dispute a charge with a Mexican bank?

You can file a clarification request with the bank within 90 calendar days of the statement cut-off date or of the transaction (Law for the Transparency and Regulation of Financial Services, art. 23). A claim before CONDUSEF must be filed within two years of the event or of the bank's refusal (Law for the Protection and Defense of Financial Services Users, art. 65).

Can the bank report me to the credit bureau while a charge is disputed?

Not as an overdue debt. Until the clarification is resolved under the legal procedure, the bank may not report the disputed amounts as overdue to credit bureaus (Law for the Transparency and Regulation of Financial Services, art. 23, section V).

Do I have to go to CONDUSEF before suing the bank?

Not always, but it usually helps. A CONDUSEF claim suspends the limitation period for legal action while the procedure lasts, opens a conciliation hearing with the bank and, in some cases, can end in a formal opinion (Law for the Protection and Defense of Financial Services Users, arts. 66, 68 and 68 Bis).

Do I need to be in Mexico or appear in person?

Not necessarily. The law allows a representative with proper authorization to file the CONDUSEF claim, and conciliation can be held by phone or other suitable means (Law for the Protection and Defense of Financial Services Users, arts. 63 and 68). If any step requires your presence, we will tell you in advance.

How much do you charge?

No upfront fees: our fees are a percentage of what is actually recovered, set by the complexity of the case, and are paid only once you recover. You cover related costs, such as expert reports. The exact terms are set out in writing in the contract before work begins.