DEBT RECOVERY STRATEGIES IN NIGERIA: STEPS TO FOLLOW TO RECOVERING MONEY FROM A DEBTOR
Overdue debts may arise for non-liquidation of loan advances within the agreed time or for failure to settle unpaid accounts for goods and services supplied, 等. This is a step by step procedure to debt recovery in Nigeria.
你個律師係審查你 claim 之後就向債務人發出一封需求通知書, 警告如果在規定日期或之前未收到付款, 將產生嚴重後果 (usually 7 days after the delivery of the letter). If the debtor is a Company, A公司清盤的法定要求書可送達本公司，並在法定期限屆滿時送達 (3 星期), 將針對公司啟動清盤程序，令法院指定接管人清算和出售破產公司嘅資產.
因此, 你不能訴諸自助, 因為法院對收回債務的法外措施不以為然. 自助可能包括使用威脅性威脅, 暴力, 惡意毀壞貨物或財產, and/or the arrest and detention of debtor by the Police at your behest. Self-help may expose you to liabilities for assault, 電池, unlawful detention, 非法監禁, constitutional rights abuse, wherein, debtor may successfully prosecute an action for his fundamental rights enforcement and for the award of punitive compensatory and monetary damages against you, 可能遠遠超過你聲稱嘅未償債務總額.
Debt Recovery Options Under the STMA Act.
If the credit transaction you had signed with borrower was under the Secured Transactions in Movable Assets Act, 2017, all that is required in case of default by a borrower is for you to give the borrower and the Grantor a notice of the default and intention to repossess the collateral in writing. You may, 10 days after sending the notice of default to take possession of the collateral; or render the collateral inoperative. You may repossess a collateral either pursuant to judicial process; or without judicial process, if the Grantor consented to relinquish possession without a court order in the Security Agreement.
喺冇司法程序嘅情況下收回, 你可以向尼日利亞警方在抵押品所在地獲得協助. 在您提交相關安全協議副本和經適當核證的確認聲明後，警察應協助和平收回抵押品. 如果你打算出售抵押品嚟償還債務, 它必須符合該法嘅規定，並且唔影響借款人, 格兰特, or another Creditor right of redemption of the collateral at any time before the sale.
Debt Recovery Action in Court
Where the overdue debts arose from a service contract or loan agreement, the requirements for the enforcement of the right of the vendor or lender are usually specified and provided for under the commercial contract or loan agreement. It is the Court that has the power to hear and determine an action for debt recovery and enforce payment against a stubborn debtor. Your lawyer acting on your behalf through a fast-track court procedure known as “Undefended List” or “Summary Summons” will commence a debt recovery action and for damages for breach of contract and state your case. Your lawyer may also bring an application for the preservation of the moveable and immoveable property of the debtor pending the final determination of the Court process. Where the debtor is a company, a winding up proceedings may be commenced along with the action for Summary Judgment against the debtor.
Where the debtor has no defense on the merit against your claim, the Court may thereupon enter judgment in your favour. For security interest granted as collateral, the Court may order a sale; or taking of possession in your favour; or order a foreclosure against the debtor; or order a winding up (if debtor is a company) and appoint a receiver to liquidate and sell off the company’s assets.
Where it appears to the Court that a defendant has a good defense and ought to be permitted to defend the claim, he may be granted leave to defend or to file a counterclaim.
If you are considering an action for debt recovery, note that the information provided herein is for general informational purposes only and not a substitute for legal guidance. There are technical and procedural complexities involved in action for debt recovery. It is strongly recommended that you seek proper legal advice and help from a specialist legal practitioner. You can request in-office consultations at 08039795959| 電子郵件: firstname.lastname@example.org | 網站: www.lexartifexllp.com.
Lex Artifex, LLP Corporate and Commercial Law Group.
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