Debt recovery in Nigeria: The Procedures and Strategies - What to do if your creditor resorts to self-help or chases you with the police

DEBT RECOVERY IN NIGERIA: WHAT TO DO IF YOUR CREDITOR RESORTS TO SELF-HELP OR CHASES YOU WITH THE POLICE

If overdue debts are standing against your name and you are unable to settle, chances are that your Creditor may resort to self-help as a countermeasure for debt recovery or to get you to pay-up. Self-help measures may include: use of menacing threats, violence, bodily harm, malicious destruction of goods or property, and/or your arrest and detention by the Police at the creditor’s behest.

Action You Should Take Against Your Creditor

For starters, you must endeavor to settle all outstanding debts as and when due to maintain a good relationship with your creditor and to avoid embarrassment and harassment by your creditor or the Police. 然而, if you simply cannot pay up due to a breach of contract by your creditor, you need to talk to a lawyer to help you prepare for a setoff or counterclaim or to initiate an action for breach of contract against the lender/vendor. 然而, if you are facing cash-flow problems, your lawyer can help you negotiate the restructuring and the rescheduling of the debt with your creditor to allow you a light and easy installment payment plan.

What You Should Note About Debt Recovery in Nigeria

As a debtor, note that your receipt of a Letter of Demand by your creditor/vendor or through his lawyer is indeed a pre-action notice for a debt recovery action in Court. You should talk to a lawyer before responding to such Letter of Demand in order to avoid legal liability for the debts due, otherwise, your reply letter may be used against you at the Court hearing.

都讀: 向債務人追討款項應採取嘅步驟

What to Do If Your Creditor Resorts to Self-Help or Uses the Police to Harass You

Failure to repay overdue debts is a civil wrong and not a criminal act. The Police and other security agents, 因此, have no power under the law to arrest, prosecute or to take any action against a person for failure to pay debts. The court frowns at any self-help or extra-judicial step by a creditor to recover a debt.
Where your creditor resorts to self-help or uses the police or any security agents against you, you should talk to a lawyer. Your lawyer, depending on the circumstance of your case, will commence a court action for the enforcement of your fundamental (human) 包括由拘留中釋放在內的權利, 同攻擊嘅責任; 電池; 非法監禁; 對債權人和警察濫用憲法權利; 並獲得賠償金錢賠償法院判比你既有利.

推薦閱讀: 人權-- (尼日利亞執行基本權利的程序)

下一步?

It must be understood that this article is for general informational purposes only and not a substitute for legal guidance. If you are considering any step to protect you from creditor’s countermeasures for debt recovery, seek proper legal advice and help from a legal practitioner. For a review of your case, 在辦公室內進行協商的請求 – Tel: +2348187019206, 080397975959 | 電子郵件: edoabasi.udo@lexartifexllp.com | 網站: www.lexartifexllp.com.
Edo Abasi Udo 係一個大狀, Solicitor and Transaction Adviser at Lex Artifex, LLP.

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