I've Been Scammed: What Do I Do? Step-by-Step Legal Guide 2026
In this article
Key Takeaways
- First 48h: crucial
- Chargeback: 120 days
- Limitation period: 5–10 years
- Blockchain tracing possible
If you have been scammed, first preserve all the evidence (screenshots, payment receipts, the URL and the scammer's details) and contact your bank immediately to try to block or reverse the transaction. Then file a report at a police station or, better for higher-value fraud, through a criminal complaint (querella) filed by a lawyer, which allows interim measures such as attaching the scammer's account to be requested. Basic fraud is time-barred after 5 years and aggravated fraud after 10; a fraud of less than EUR 400 is a minor offence punishable by a fine.
Need help with your case? Talk to a criminal defense lawyer at Alonso Sala.
Discovering that you have been scammed is a distressing experience. The first impulse is to act fast, but doing it the wrong way can ruin your chances of recovering your money. As specialist criminal fraud lawyers, we assist victims of fraud. This step-by-step guide tells you exactly what to do.
Step 1: Preserve ALL the Evidence (The First 24 Hours Are Critical)
The first thing you should do BEFORE filing a report is secure the evidence. Scammers erase their tracks fast.
- Screenshots: Of the advert, website, profile, WhatsApp/Telegram conversation, emails, invoices and receipts.
- Bank receipts: Transfer, Bizum, PayPal. Download the bank statement PDF (not just the mobile screenshot).
- Website URL: Copy the full address. If it is a fake site, it can disappear within hours. Use archive.org to save a copy.
- The scammer's details: Name, phone number, email, IBAN, crypto wallet address, vehicle registration, any identifying data.
Critical Mistake
Do NOT contact the scammer to threaten them with reporting it. You alert them and they will destroy the evidence. Act quietly until everything is secured.
Step 2: Contact Your Bank IMMEDIATELY
Depending on the payment method, your bank may be able to block or reverse the transaction:
- Credit/debit card: Request a chargeback. You have up to 120 days. This is your best option if you paid by card on a fake site.
- Bank transfer: If it was less than 24-48 hours ago, the bank may be able to try to hold the funds at the destination. Call the emergency line.
- Bizum: Very hard to reverse (it is like digital cash). Only with a police report and a court order.
- Cryptocurrency: There is no way to reverse it. But the funds can be traced on the blockchain if the scammer moves them to a regulated exchange.
Step 3: File a Report (Police or Court?)
You have two options for filing a report:
Option A: Report at a police station (National Police or Civil Guard)
- Faster and simpler.
- Bring all the evidence organised (printout, USB).
- If it is online fraud, ask to be referred to the Technology Investigation Brigade (BIT) of the National Police or the Telematic Crimes Group (GDT) of the Civil Guard.
- You can also file online at denuncias.policia.es (for online fraud).
Option B: Private criminal complaint (querella, filed by a lawyer)
- More effective but requires the signature of a lawyer and court agent (procurador).
- It is filed directly with the investigating court.
- Advantage: it can request interim measures (preventive attachment of the scammer's account).
- Recommended for fraud above EUR 5,000 or where you know the scammer's identity.
The Most Common Types of Fraud (and How to React in Each Case)
Fake rentals, double sale of a property, fraudulent cooperatives. If you have paid a deposit for a home that does not exist or does not belong to the seller, act quickly: real-estate fraud carries the "essential need" aggravating factor and the penalties are higher.
Purchases on fake sites, fraud on Wallapop/Vinted, fake holiday rentals. Keep the URL, the messages and the payment receipt. Report it to the Technology Investigation Brigade.
Fake brokers, fraudulent investment platforms, rug pulls. If the scammer used a regulated exchange (Binance, Coinbase), a court order can identify the account holder. Our team carries out forensic tracing on the blockchain.
If your account has been emptied through phishing (fake bank SMS, fraudulent email), your bank may share responsibility. The Payment Services Act obliges banks to return the money if their security systems failed.
If you were recruited to "invest" with extraordinary returns and now cannot withdraw your money, it is a pyramid scheme. The sooner you report it, the more options there are to recover funds (before the accounts are emptied).
Legal Deadlines: Don't Let Time Slip By
- Limitation period for basic fraud (under EUR 50,000): 5 years from the day the offence was committed.
- Limitation period for aggravated fraud (over EUR 50,000): 10 years.
- Bank chargeback: 120 days from the transaction.
- Claim against the bank (phishing): 13 months from the unauthorized transaction.
Even though the deadlines are long, every day you spend without acting, the scammer has more time to move the money. Acting within the first 48 hours multiplies recovery chances by five.
5 Mistakes Fraud Victims Make
- Warning the scammer that they are going to be reported (giving them time to erase evidence and move the money).
- Failing to preserve evidence before the website, profile or chat disappears.
- Agreeing to "negotiate" with the scammer (they typically ask for more money in exchange for returning part of it).
- Hiring "fraud recovery agents" who promise to recover your money for an upfront fee (this is a second scam).
- Filing a report without a lawyer in fraud cases of over EUR 5,000 (a querella is far more effective than a simple police report).
Can the Money Be Recovered?
Yes, but it depends on the payment method and how quickly you act:
- Credit card: high probability of success (chargeback).
- Bank transfer: 30-50% (if action is taken within 48 hours).
- Bizum/cash: 10-20% (requires identifying the offender and seeking attachment).
- Cryptocurrency: 20-40% (if regulated exchanges with KYC were used).
In the criminal proceedings, the court can order civil liability arising from the offence, requiring the convicted person to return the full amount stolen plus interest.
Have You Been Scammed? We Act Immediately
Our team of specialist criminal fraud lawyers acts immediately to freeze the funds, trace the scammer and prepare the querella. Time is your greatest ally or your worst enemy.
Contact us now: 91 078 65 74
Frequently Asked Questions
Can I report a fraud if it happened in another city?
Yes. You can file a report at the police station in your own city. The competent court will be the one for the place where the offence was committed or where the financial loss occurred.
Is a fraud of less than EUR 400 still a criminal offence?
Yes, but it is a "minor offence" (the former "misdemeanor"). The penalty is a fine, not prison. However, if several frauds by the same offender are added together (even if each one is under EUR 400), they can be aggregated as a continuing offence.
Can I claim against my bank if I was phished?
Yes. Article 45 of the Payment Services Act obliges the bank to refund unauthorized transactions, unless they can prove gross negligence by the user. If the bank refuses, file a complaint and take legal action.
Frequently asked questions
What is the single most important thing to do immediately after realizing you've been scammed?
Preserve all the evidence before contacting anyone else — screenshots of the advert, website, conversations and receipts, plus the full bank statement rather than just a screenshot, since scammers erase their tracks quickly.
Should I confront or warn the scammer before reporting them?
No — contacting the scammer to threaten a report alerts them and gives them time to destroy evidence and move the money; it's best to act quietly until everything is secured.
Can a bank transfer or card payment be reversed after a scam?
A card payment can often be disputed through a chargeback within up to 120 days; a bank transfer may sometimes be held if reported within 24-48 hours; Bizum is very hard to reverse without a police report and court order; and cryptocurrency transfers cannot be reversed at all, though they can potentially be traced.
Is it better to file a simple police report or a private criminal complaint (querella)?
A police report is faster and simpler for most cases, but a querella filed by a lawyer is generally recommended for fraud above roughly €5,000 or where the scammer's identity is known, since it allows the court to be asked directly for interim measures such as freezing the scammer's account.
How long do I have to report a fraud in Spain?
Basic fraud (under €50,000) is time-barred after 5 years and aggravated fraud (over €50,000) after 10 years, though acting within the first 48 hours significantly increases the practical chances of recovering the money.
Are 'fraud recovery agents' who promise to get my money back for an upfront fee legitimate?
Generally not — hiring services that promise guaranteed recovery in exchange for an advance payment is one of the most common follow-up scams targeting fraud victims, and the reliable route is a properly directed complaint or querella through a lawyer.
What are my realistic chances of recovering the money depending on the payment method?
Recovery odds vary significantly by method — high for card payments via chargeback, moderate for bank transfers if reported within 48 hours, lower for Bizum or cash, and variable for cryptocurrency depending on whether regulated KYC exchanges were used.
Do you need criminal defense in this area?
We are criminal defense lawyers specializing in online fraud victims. We act urgently to protect your rights.