MULTIPLE SEIZURES
The bailiff or process server who carries out a sequestration on property rendered inalienable by one or more previous sequestrations, shall serve a copy of
Debt Recovery Blogs
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;
- Mandatory Injunction to pay procedures
- Procedure for the Delivery or Restitution of Specific Personal Property
- Sequestration of Tangible Movable Property, Debts, Shareholdings and Other Transferable Securities
- Attachment and Sale Procedures
- Garnishee Proceedings
- Assignment of Earnings
- Simplified Procedure for Claims of Maintenance Allowance
- Attachment and Apprehension under a prior claim of Tangible Movable Property etc.
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.
MULTIPLE ATTACHMENTS (GARNISHMENT OF EARNINGS)
Any creditor in possession of a writ of attachment may, without a prior attempt at conciliation, intervene in the proceedings relating to the attachment of
GARNISHMENT OF EARNINGS (THE CONCILIATION ATTEMPT)
Applications for prior conciliation shall be by petition addressed to the competent court by the creditor. The application shall contain: 1) The full names and
GARNISHEE PROCEEDINGS
Any creditor in possession of a writ of execution in proof of a debt certain and due immediate payment may in order to secure payment,
FOREIGN ATTACHMENT
Where the debtor has no fixed abode or where his residence or business establishment is in a foreign country, the competent court to order attachment
DISPUTES (ENFORCEMENT MEASURES)
Even where prior authorization is not required, the competent court may, at any time on the application of the debtor, after hearing the creditor or
DISPUTES RELATING TO THE VALIDITY OF THE ATTACHMENT
The annulment of an attachment arising from a defect in form or substance, other than the claim that the attached property cannot be distrained, may
DISPUTES RELATING TO DISTRAINABILITY
Disputes relating to the distrainability of the property included in the attachment shall be referred to the competent court by the debtor, the bailiff or
DISPUTES RELATING TO ATTACHED PROPERTY (OWNERSHIP)
No application relating to ownership or inalienability shall obstruct the attachment process; it may suspend the process in relation to the property in dispute. The
DISPUTES (GARNISHEE PROCEEDINGS)
Disputes shall be brought before the court of the place of residence or the place of abode of the debtor. Where the debtor’s residence is