Debt recovery practice in Cameroon is governed by the OHADA Law on Simplified Recovery Procedures and enforcement measures of 1998.
The OHADA Law on Simplified Recovery Procedures and enforcement measures of 1998 has put in place practical mechanisms through which debt recovery practice in Cameroon can be exercised before the competent court in view to enable a creditor is paid what he is due. This practical mechanism can be seen in the following perspectives;
This blog is aimed at elaborating on the different aspects of debt recovery practice in Cameroon as provided by the OHADA Law for the benefit of clients, companies, investors and professionals who are doing business in Cameroon and may be subject to a debt recovery process.
When petitions are filed before the competent court in Cameroon for debt recovery, the debtor has either the choice to contest the petition in what is referred to as an opposition or not to contest in what is referred to as a non-opposition or an undefended list procedure.
The blogs below are illustrative of all the aspects of debt recovery practice in Cameroon.
Crops and fruits which are almost mature may be attached before harvest. Only the creditor of the person entitled to the fruits may exercise this
For the last accrued arrears and sums still to mature, persons claiming maintenance allowance who are in possession of a writ of execution may, carry
Sequestration of shares and transferable securities shall be carried out by the service of an instrument on the persons mentioned in Article 236 of the
The creditor shall carry out the attachment by means of an instrument issued by a bailiff or process server, served on the third parties in
Any person whose claim appears to be founded may, apply to the competent court of the residence or place of abode of the debtor for
Any debtor whose property is the subject of distraint may voluntarily, under the conditions defined below, sell the attached property and use the proceeds to
The sale shall be carried out by public auction by an auxiliary officer of justice empowered to do so by the national law of each
The garnishee shall make payment to the garnishor on presentation of a certificate from the registry to prove that no opposition was filed within one
Any movement of funds shall be mentioned in the register prescribed in Article 176 of the OHADA Law. Where there is only one distrainor creditor,
Any disputes arising from an attachment and sale shall be brought before the court of the place of the attachment. Any creditor who fulfills the
