Sin categoríaCan the money from an online scam be recovered? Steps and time limits

Being scammed on the internet does not mean the money is lost. The first 48 to 72 hours are decisive: the sooner you act with the bank and the police, the greater the chances of blocking or recalling the transfer. This guide summarises the steps we follow at the firm to try to recover the money from an online scam.

Step 1: notify your bank immediately

Call your bank and report the fraudulent transaction. Request in writing the blocking or recall of the transfer and keep a record of the date and time of the notice. If the payment was made by card, request a chargeback. If you did not authorise the transaction (phishing, spoofing, cloned cards), payment services regulations (Royal Decree-Law 19/2018) oblige the bank to refund the amount of unauthorised transactions, unless it proves fraud or gross negligence by the customer. The courts have been demanding with banks where the customer was the victim of a sophisticated deception.

Step 2: preserve all the evidence

Payment receipts and statements. Emails, text messages and complete conversations (a forensic extraction is better than a screenshot). The URL of the website or advertisement, and the scammer’s profiles and telephone numbers. Do not delete anything and do not keep interacting with the scammer.

Step 3: report it

File a report with the National Police or the Guardia Civil with all the documentation. The report is indispensable for the criminal route, strengthens the banking claim and makes it possible to trace the destination accounts and the so-called money mules, who are also liable for the money received. The 017 helpline (INCIBE) offers free technical assistance.

Step 4: claim through every available route

Criminal route: complaint or querella for fraud (Articles 248 et seq. of the Criminal Code). Civil liability is claimed within the criminal proceedings themselves: the return of the money plus damages. Banking route: a claim to the customer service department and, if it does not respond or refuses, to the Bank of Spain. Chargeback for card payments through the issuing bank. Cryptocurrency: forensic analysis and blockchain tracing to locate the funds at exchanges and request their freezing.

How long does it take and how much is recovered?

It depends on the route and the speed of the reaction: bank recalls can be resolved in weeks; claims for unauthorised transactions and criminal proceedings take longer. Recovering 100% is not always possible, but a combined strategy multiplies the options.

Quick questions

I was scammed in an online purchase. Is it a crime? Yes, it is fraud under Article 248 of the Criminal Code if there was deception to make you pay. Report it and also claim from the platform or payment method.

Can the bank refuse to refund a phishing loss? Only if it proves fraud or gross negligence on your part. Typing your credentials into a cloned website after a fraudulent SMS is not, by itself, gross negligence.

Is it worth reporting small amounts? Yes: reports make it possible to join cases against the same network and are the basis for the bank and the court to act.

Related: technology crime and online fraud FAQ, phishing and bank fraud and cryptocurrency fraud.