Debt Recovery
The firm implements amicable procedures and, where necessary, the judicial procedures provided for under OHADA law for debt recovery.
An unpaid debt weighs on cash flow and becomes harder to recover over time: the debtor weakens, evidence scatters and limitation periods run. OHADA law gives creditors fast procedures, including the order for payment, and a set of attachment measures to obtain forced payment.
The Uniform Act organising these procedures was revised in 2023. The firm follows a graduated approach: checking the claim and the debtor’s solvency, reminders and negotiation of a payment schedule, then court proceedings and enforcement when the amicable route fails. At each stage, the cost of action is weighed against the real prospects of recovery.
Issues We Handle
- Amicable recovery and formal notices
- Payment orders and OHADA simplified procedures
- Protective measures and enforcement proceedings
- Cross-border recovery within the regional area
Clients We Serve
- Creditor companies
- Financial institutions
- Suppliers
How We Work
Reviewing the claim
Checking that the debt is certain, liquidated and due, along with supporting documents, limitation periods and available security.
Amicable phase
Formal notice, negotiation, settlement agreement and payment schedule, backed by guarantees where appropriate.
Simplified procedures
Applications for an order to pay, deliver or return, and handling of any objection lodged by the debtor.
Attachments and enforcement
Protective attachment, attachment of receivables, seizure and sale of goods and seizure of real property, working with court bailiffs.
Our Approach
A gradual, controlled escalation, from an amicable reminder to enforced execution where necessary.
Legal Framework
- OHADA Uniform Act organising simplified recovery procedures and enforcement measures (revised in 2023)
- Uniform Act organising security interests
- Uniform Act organising collective insolvency proceedings
- Uniform Act on General Commercial Law, in particular the limitation rules
- Status and powers of court bailiffs in Chad
Frequently Asked Questions
A formal notice is generally sent to the debtor before any judicial action, unless particular urgency requires otherwise.
It is a simplified procedure allowing the court, on a simple application and without a prior hearing, to order the debtor to pay a debt that is certain, liquidated and due and arises from a contract, a negotiable instrument or a cheque. The debtor may lodge an objection.
Yes. The same procedures apply in all member states, which makes action easier. The competent court and the enforcement arrangements must nevertheless be determined case by case.
Individual actions are then stayed and the creditor must file its claim within the prescribed period in order to share in distributions. Late filing can mean losing one’s rights, so swift action is needed.
This information is general in nature and does not constitute legal advice. Every situation calls for specific analysis: please contact the firm before making any decision.
Let’s discuss your situation
A first conversation helps define your need and outline the options available.
Related Areas
Litigation & Arbitration
Representation before the courts and in arbitration proceedings.
Learn more →OHADA Law
Application and interpretation of OHADA Uniform Acts to secure business operations across the regional area.
Learn more →Commercial Contracts
Drafting, negotiating and securing all types of commercial contracts.
Learn more →Banking & Finance Law
Advising financial institutions, borrowers and financing operators.
Learn more →