Demand & pre-action recovery
Demand letters and negotiated repayment terms that often recover a debt without proceedings.
We recover non-performing loans and commercial debts for banks, fintech lenders and businesses, and we enforce judgments until they are paid. Our work for leading Nigerian banks gives us a clear view of what moves a debtor.
Jurisdictions served Lagos · Ogun · Oyo · Abuja
What we handle
We act for lenders recovering debts and for banks responding to enforcement against their customers.
Demand letters and negotiated repayment terms that often recover a debt without proceedings.
Undefended list and summary judgment where the debt is clear, and a full trial where the claim is genuinely contested. The route depends on the case.
Attaching money owed to a judgment debtor, including bank balances, under the Sheriffs and Civil Process Act.
Showing cause against orders nisi and setting aside orders absolute made without proper notice.
Enforcing mortgages, debentures and guarantees, appointing receivers and acting on notices to vacate under court orders.
Writs of execution, attachment and sale of property, and judgment debtor summonses.
How recovery proceeds
Some debts are recovered on a summary application; others need a full trial. The right route depends on the debt, the security and the defence raised.
The facility, the security and the debtor's assets.
A formal demand, and negotiation where it is likely to work.
A summary procedure where the claim allows it, or a full trial where the debt is disputed.
Judgment for the debt, interest and costs.
Garnishee orders, attachment or realisation of security.
Garnishee proceedings
Under section 83 of the Sheriffs and Civil Process Act, a judgment creditor may apply for an order attaching money owed to the judgment debtor by a third party, most often a bank. The court first makes an order nisi. If the garnishee does not show cause, the order is made absolute and the money is paid towards the judgment.
Where the money is held by a public officer or public body, the consent of the relevant Attorney-General is required before it can be attached.
Where a loan has been acquired by AMCON, the special recovery powers of the AMCON Act apply, with the Federal High Court as the forum.
Where a company cannot pay, insolvency procedures under CAMA 2020 may offer a better route. See insolvency and restructuring.
Claims between a bank and its customer may be heard at the Federal High Court or a State High Court, depending on the issues. We choose the forum that gives the quickest enforceable result.
Contact
Send us a short summary and we will be in touch. Please don't send confidential documents until we have confirmed there is no conflict of interest.
Office
3rd Floor, 23 Hughes AvenueTelephone