Practical Guide: Recovering a Debt in the OHADA Area
A debt is recovered more easily when action is taken early and in the right order. This guide describes the approach provided for by OHADA law, whose Uniform Act on debt recovery was revised and entered into force in its new version on 16 February 2024.
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Who is it for?
Companies, traders, service providers and financial institutions facing non-payment.
The steps
Gather the evidence
Collect the contract or purchase order, delivery notes or acceptance reports, invoices, reminders and any acknowledgements of debt.
Check the debt
Make sure it is certain, liquidated and due, that it is not time-barred and that the debtor is correctly identified (name, registered office, RCCM number).
Send a reminder, then a formal notice
After an amicable reminder, send a dated written formal notice stating the amount, the basis of the claim and the time allowed. It generally marks the starting point for late-payment interest.
Negotiate if the debtor is acting in good faith
A payment schedule recorded in a written agreement, if possible backed by security and an acceleration clause, is often better than lengthy proceedings.
Go to court
If the debt is contractual or arises from a cheque or negotiable instrument, the order for payment procedure produces a decision quickly on application. Otherwise, ordinary or summary proceedings are considered.
Enforce the decision
With an enforceable title, the creditor has the appropriate attachments carried out against the debtor’s assets: bank accounts, receivables, movable property, real estate.
Documents and information to gather
- Contract, accepted quotation or purchase order
- Proof of delivery or performance
- Invoices and the customer’s account statement
- Written exchanges with the debtor (letters, emails, messages)
- Any security: guarantee, pledge, mortgage
- Information on the debtor’s assets and accounts
Points to watch
- Letting the limitation period expire while sending informal reminders.
- Incurring costs against a plainly insolvent debtor without having assessed its assets.
- Overlooking the opening of insolvency proceedings: the claim must then be filed within the prescribed period.
- Carrying out an attachment without a title or authorisation, which exposes the creditor to release of the attachment and damages.
- Confusing the debtor with its director: unless a personal guarantee was given, it is the company that owes.
Frequently Asked Questions
A protective attachment may be authorised by the court where the claim appears well founded in principle and its recovery is under threat. It must then be followed by proceedings to obtain an enforceable title.
The debtor may lodge an objection. The case is then heard by the court with both parties present, after a conciliation attempt.
Public entities enjoy immunity from enforcement: their assets cannot be attached. The new Uniform Act nevertheless allows a request for the debt to be entered in the public entity’s budget where a formal demand has gone unanswered for three months.
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.
Need support?
The firm can review your file and assist you at each step.