CONVERSION INTO A WRIT OF ATTACHMENT AND SALE (SEQUESTRATION OF SHAREHOLDING)
A creditor in possession of a writ of execution in proof of his claim, shall serve on the debtor a writ of attachment and sale
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.
CONVERSION INTO A WRIT OF ATTACHMENT AND SALE (DEBT RECOVERY)
A creditor in possession of a writ of execution in proof of his claim shall serve on the debtor an instrument bearing the conversion of
CONVERSION INTO A WRIT OF ATTACHMENT & AWARD (SEQUESTRATION OF DEBTS)
A garnishor in possession of a writ of execution in proof of his claim shall serve on the garnishee a deed bearing the conversion of
ATTACHMENT PROCESS AND EFFECTS (GARNISHMENT OF EARNINGS)
Within eight days from the failure of conciliation or in the case where a ruling was delivered, within eight days following the expiry of the
ATTACHMENT OF PROPERTY IN THE HANDS OF THE DEBTOR
Before any attachment carried out in the presence of the debtor, the bailiff or process server shall verbally reiterate the formal request for payment and
ATTACHMENT OF PROPERTY IN THE HANDS OF A THIRD PARTY
Where the attachment concerns property in the hands of a third party and in premises occupied as a dwelling house by the third party, it
ATTACHMENT AND SALE (PROPERTY OF DEBTOR)
Any creditor in possession of a writ of execution in proof of a debt, certain and due for immediate payment, shall after the service of
ATTACHMENT AND ASSIGNMENT OF EARNINGS
Any creditor in possession of a writ of execution in proof of a debt which is certain, and due for immediate payment may attach the
ASSIGNMENT OF EARNINGS
Consent may be given to the assignment of wages and salaries, regardless of the amount, by a declaration of the assignor in person at the
MANDATORY INJUNCTION TO PAY DEBTS
The recovery of a debt certain and due for immediate payment may be obtained following the procedure applied for mandatory injunctions to pay. The procedure