Debt Collection Agency in Chad - No Win, No Fee
Learn how debt collection works in Chad: courts, statutory interest, enforcement and insolvency rules explained. Read Debitura's complete, sourced guide below.
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How does debt collection work in Chad?
Debt collection in Chad starts with an amicable phase handled through Debitura's international recovery network: reminders and a formal payment demand, aimed at full payment or a written instalment agreement. Most straightforward claims are resolved at this stage. If the debtor still does not pay, escalation to court is a separate, approved step - never automatic.
The four steps from unpaid invoice to recovered cash
- Step 1 - Amicable collection: reminders, a formal payment demand and negotiation, handled through Debitura's international recovery network. Most undisputed claims are resolved in this phase, without going to court.
- Step 2 - Enforceable title: if the debtor still does not pay, Debitura assesses the legal route to obtain an enforceable title and you approve a fixed-price quote before anything proceeds.
- Step 3 - Enforcement: with a legal title, the competent enforcement authority can attach wages, bank funds and other assets until the claim is recovered.
- Step 4 - Insolvency: if the debtor turns out to be insolvent, your proof of claim is filed and any distributions are monitored on your behalf.
Every step is tracked in your dashboard, and nothing escalates without your approval. The full legal detail for Chad - timelines, costs, courts and enforcement - follows in the guide below.
Debt collection in Chad - the complete 2026 guide
This guide explains how debt collection works in Chad for creditors, in-house counsel and finance teams: the amicable process, the courts that hear a claim, statutory interest, enforcement of a judgment and what happens if the debtor becomes insolvent. Chad is a member of OHADA (the Organisation for the Harmonisation of Business Law in Africa), so much of the process below runs on the same directly applicable regional statutes used across 17 African states.
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At Debitura, we uphold the highest standards of impartiality and precision to bring you comprehensive guides on international debt collection. Every guide is written from primary legal sources and reviewed by licensed local experts in the jurisdiction it covers.
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Debt collection in Chad - quick answers
How long do I have to make a claim in Chad?
Ordinary commercial debt claims are time-barred after 5 years from when the creditor knew, or should have known, the facts giving rise to the claim (Acte Uniforme portant sur le Droit Commercial Général, AUDCG - the OHADA Uniform Act on General Commercial Law - art. 16-17). The same 5-year period applies whether the debtor is a business or a private individual, as long as the underlying obligation arose in the course of trade; Chad's statute draws no separate consumer period. The period can be interrupted (reset to zero) by the debtor's acknowledgment of the debt, a court claim, or an enforcement act (arts. 22-25), and courts cannot raise a time-bar defence on their own motion (art. 26).
Which court handles my claim in Chad?
The competent court depends on the claim value, under Loi n°011/PR/2013 portant Code de l'organisation judiciaire (Chad's Judicial Organisation Code):
| Claim value | Competent court |
|---|---|
| Up to 100,000 XAF | Justice de paix - first and last instance, no appeal |
| 100,001 - 500,000 XAF | Justice de paix - appealable |
| Above 500,000 XAF | Tribunal de grande instance - appealable |
Commercial disputes go instead to the Tribunal de commerce (Commercial Court); its own specific monetary threshold is fixed by a separate ordinance rather than by Chad's Judicial Organisation Code itself.
How much interest can I charge on a late payment in Chad?
Chad's legal interest rate is set each civil year at the discount rate ("taux d'escompte") of the Banque des États de l'Afrique Centrale (BEAC), the regional central bank for the CEMAC zone (Code de procédure civile, commerciale et sociale, Loi n°028/PR/2020, art. 478). Once a court judgment is obtained, that rate rises by 5 percentage points from 2 months after the judgment becomes enforceable (art. 479).
How fast can I get a payment order in Chad?
For a certain, liquid and due debt, a court can issue an injonction de payer (payment order) within 3 days of filing (Acte Uniforme portant organisation des Procédures Simplifiées de Recouvrement et des Voies d'Exécution, AUPSRVE - the OHADA Uniform Act on Simplified Recovery Procedures, revised 2023, in force in Chad since 16 February 2024 - art. 5). The order must be served on the debtor within 3 months or it lapses, and the debtor then has 10 days from service to pay or formally oppose it (arts. 7-10).
What does debt collection cost in Chad?
Debitura's own fee is success-based (No Cure, No Pay) and depends on the debtor's country rather than the creditor's, with full details in the fees section below. Statutory court and enforcement costs in Chad follow a "loser pays" principle (Loi n°028/PR/2020, art. 447); the exact fee tariff is fixed by a separate decree.
Can a small business use a simplified insolvency process in Chad?
Yes. A "petite entreprise" (small enterprise) - defined as 20 or fewer employees and turnover of 50,000,000 CFA francs or less over the preceding 12 months - can request a simplified version of any OHADA insolvency procedure (Acte Uniforme portant organisation des Procédures Collectives d'Apurement du Passif, AUPC - the OHADA Uniform Act on Collective Proceedings, revised 2015 - art. 1-3).
Who does what in Chad debt collection?
Recovering a debt in Chad typically involves three actors: a debt collection agency for the amicable phase, a huissier de justice (enforcement agent) for enforcement, and lawyers for court proceedings.
Debt collection agencies
A collection agency handles the amicable phase: reminders, a formal payment demand and negotiation with the debtor. Its role is extrajudicial - it cannot itself obtain a court order or seize assets. If the debtor disputes the claim or refuses to pay, the case moves to a court under the OHADA framework.
Huissiers de justice (enforcement agents)
A huissier de justice serves court documents and physically executes enforcement measures once a creditor holds an enforceable title: garnishing bank accounts (saisie-attribution), seizing and selling movable property (saisie-vente), or seizing real property. Enforcement in Chad runs through the AUPSRVE (OHADA Uniform Act on Simplified Recovery Procedures), which Chad's own Code de procédure civile, commerciale et sociale (Loi n°028/PR/2020, arts. 630-631) expressly incorporates by reference.
Lawyers
Legal representation becomes important once a claim is disputed or proceeds to the Tribunal de grande instance or Tribunal de commerce. A lawyer files the injonction de payer application, represents the creditor if the debtor opposes it, and advises on enforcement and insolvency filings.
A note on terminology
A single 2022 news report claims Chad renamed the "huissier de justice" profession to "huissier commissaire de justice". Chad's own most recent primary legal texts (2013 and 2020) use "huissier de justice" throughout, so this guide uses that term and does not treat the renaming as settled.
Which laws and courts apply to debt collection in Chad?
Court system
Chad's civil court system is set out in Loi n°011/PR/2013 portant Code de l'organisation judiciaire (Chad's Judicial Organisation Code), which replaced the earlier Loi n°004/PR/1998 (art. 96). The hierarchy runs: Justice de paix (Justice of the Peace court, hearing smaller civil claims and requiring prior conciliation - a Justice de paix sits in every arrondissement of N'Djaména and in every sous-préfecture without its own Tribunal de grande instance) then Tribunal de grande instance (High Court, general civil claims above 500,000 XAF), Tribunal de commerce (Commercial Court) and Tribunal du travail (Labour Court), then Cour d'appel (Court of Appeal, organised into civil, commercial, social, administrative and correctional chambers), then Cour suprême (Supreme Court) - Chad's single apex court, which performs the cassation function itself rather than through a separately named Cour de Cassation.
Key legislation
Chad is a member state of OHADA (Organisation for the Harmonisation of Business Law in Africa), ratified 13 April 1996, and the following Uniform Acts apply directly in Chad, taking precedence over conflicting national law:
- AUPSRVE (Acte Uniforme portant organisation des Procédures Simplifiées de Recouvrement et des Voies d'Exécution - the OHADA Uniform Act on Simplified Recovery Procedures), revised 2023, in force in Chad since 16 February 2024: governs the injonction de payer (payment order) and enforcement measures.
- AUDCG (Acte Uniforme portant sur le Droit Commercial Général - the OHADA Uniform Act on General Commercial Law), revised 2010: governs merchant status and the 5-year prescription (limitation) period for commercial debts.
- AUPC (Acte Uniforme portant organisation des Procédures Collectives d'Apurement du Passif - the OHADA Uniform Act on Collective Proceedings), revised 2015: governs insolvency.
- Loi n°028/PR/2020 portant Code de procédure civile, commerciale et sociale (Chad's own Code of Civil, Commercial and Social Procedure): fixes Chad's legal interest rate mechanism and the "loser pays" costs rule, and expressly defers enforcement and the injonction de payer procedure to the AUPSRVE (arts. 630-631).
Prescription: interruption, suspension and party agreements
The AUDCG gives the 5-year commercial prescription period several important qualifications. It is interrupted (the clock resets to zero and a fresh full period starts) by the debtor's acknowledgment of the debt, by a court claim (even before an incompetent court, or one later annulled on a procedural defect), or by an act of forced execution; interpellating one joint debtor interrupts prescription against all the others, including their heirs, and against a guarantor (AUDCG arts. 22-25). It is suspended (paused without erasing time already run) while a party is legally, contractually or force-majeure prevented from acting, and while the parties pursue agreed mediation or conciliation, with running resuming for at least 6 months from the date the process is declared ended (arts. 20-21). Courts cannot raise a time-bar defence on their own motion - a party must invoke it, and may do so at any stage, including on appeal, unless it has been waived (art. 26). Parties may also agree contractually to shorten a prescription period to no less than 1 year, or lengthen it to no more than 10 years (art. 29). Periods are counted in whole days, complete only once the last day has elapsed (art. 18), and prescription does not begin to run at all against a claim that is conditional, term-dependent or warranty-based until the condition, term or triggering event occurs (art. 19).
Consumer protection
Chad has not enacted a debt-collection-specific consumer-protection statute among the sources verified for this guide; general OHADA and Chadian civil-law principles apply to how a debtor is treated during collection.
Step 1 - How does amicable (pre-legal) debt collection work in Chad?
Amicable collection in Chad is the fast, extrajudicial first step: reminders, a formal payment demand and negotiation aimed at full payment or a written instalment agreement. Most undisputed commercial claims are resolved at this stage, without ever reaching a court.
| Stage | Typical action |
|---|---|
| Day 0 | Formal payment demand sent to the debtor |
| Day 0-90 | Negotiation; an instalment agreement offered where appropriate |
| After 90 days, or on dispute | Escalation to the injonction de payer or ordinary court proceedings is assessed |
Why a formal demand matters
A formal written demand does more than open negotiation - under the AUDCG (OHADA Uniform Act on General Commercial Law), a debtor's written or conduct-based acknowledgment of the debt interrupts the 5-year prescription period and restarts it at full length (arts. 22-23). This gives real legal weight to a documented amicable approach, even before any court filing.
Conciliation before the Justice de paix
For claims that fall within the Justice de paix's jurisdiction, Chad's own Loi n°011/PR/2013 makes a prior conciliation attempt mandatory in civil matters (art. 60); a resulting conciliation minute (procès-verbal de conciliation) is directly executory, without a separate judgment being required.
When to escalate
Escalation to the injonction de payer (payment order) procedure or to ordinary court proceedings is a separate, approved step, taken once amicable efforts stall or the debtor disputes the claim - never automatic. Prescription is also suspended for the duration of an agreed mediation or conciliation process, with at least a 6-month extension once it ends (AUDCG art. 21), so a genuine negotiation attempt does not put the claim at risk.
Step 2 - How do you obtain an enforceable title in Chad?
For a certain, liquid and due debt of contractual origin (or an unpaid bill of exchange or dishonoured cheque), the fastest route to an enforceable title in Chad is the injonction de payer (payment order) under the AUPSRVE (OHADA Uniform Act on Simplified Recovery Procedures, revised 2023, in force since 16 February 2024). The competent court can issue the order within 3 days of filing (art. 5); it must be served on the debtor within 3 months or it lapses (art. 7), and the debtor then has 10 days from service to pay or formally oppose it (arts. 8-10).
Which court to file with
| Claim value | Competent court |
|---|---|
| Up to 100,000 XAF | Justice de paix - decided in first and last instance, no appeal |
| 100,001 - 500,000 XAF | Justice de paix - appealable |
| Above 500,000 XAF | Tribunal de grande instance - appealable |
Commercial disputes are routed instead to the Tribunal de commerce (Commercial Court), whose specific monetary threshold is fixed by a separate ordinance (Loi n°011/PR/2013, arts. 49-50).
Ordinary proceedings
If the debtor formally opposes the payment order, or the claim does not qualify for the injonction de payer procedure, the case proceeds as ordinary litigation before the competent court under the same claim-value thresholds above. Legal representation becomes practically necessary at this stage, given the procedural formalities involved.
More on court proceedings in Chad
Court fees
Chad applies a "loser pays" principle to court costs (Loi n°028/PR/2020, art. 447); the specific fee tariff is fixed by a separate decree rather than the procedure code itself (art. 448).
Raising or waiving a time-bar defence
If a debtor argues that a claim is time-barred, note that Chadian courts cannot raise this defence on their own motion (AUDCG art. 26): the debtor must invoke it themselves, and may do so at any stage of proceedings, including on appeal, unless it has already been waived. Filing a claim - even before the wrong court, or a claim later annulled for a procedural defect - still interrupts the prescription period and restarts it at full length (art. 22), so an early filing protects the creditor's position even if the venue is later contested.
Step 3 - How does debt enforcement work in Chad?
Once a creditor holds an enforceable title (a court judgment or an unopposed injonction de payer), Chad's own procedure code (Loi n°028/PR/2020, arts. 630-631) defers wholesale to the AUPSRVE (OHADA Uniform Act on Simplified Recovery Procedures) for every enforcement measure. The AUPSRVE gives the huissier de justice (enforcement agent) a broadly defined role covering both the service of legal acts and the physical execution of seizures (art. 1-1).
Enforcement measures
| Measure | What it does |
|---|---|
| Saisie-attribution | Garnishes the debtor's bank account; the sum is attributed to the creditor once the bank is served, and the debtor has 15 days to contest (AUPSRVE arts. 82-83) |
| Saisie-vente | Seizure and sale of the debtor's movable property, with a mandatory 1-month amicable-sale window first (arts. 115-119) |
| Saisie immobilière | Forced sale of real property, subject to formalities including a prior public notice (art. 246 onward) |
| Saisie conservatoire | A precautionary freeze on assets, which can later be converted into one of the measures above |
Key enforcement timelines
| Step | Timeline |
|---|---|
| Debtor's window to contest a saisie-attribution | 15 days from service (AUPSRVE arts. 82-83) |
| Mandatory amicable-sale window before a saisie-vente auction | 1 month (arts. 115-119) |
Protecting your position before a title is obtained
A creditor who fears a debtor may dissipate assets can request a saisie conservatoire (precautionary freeze) even before the underlying claim is fully litigated. Once an enforceable title is obtained, this freeze converts into a full saisie-attribution or saisie-vente, letting the creditor keep the priority position established when the freeze was first registered.
Enforcement difficulties
If a difficulty arises during enforcement, Chad's own procedure code (art. 481, referencing AUPSRVE art. 48) lets the huissier de justice bring the matter directly to the competent court, at the debtor's expense, with both parties summoned.
How long do you have to enforce a judgment?
Neither Chad's own procedure code nor the AUPSRVE sets out a separate limitation period specifically for enforcing a judgment once obtained, distinct from the underlying claim's own prescription period. Creditors should not delay enforcement once an enforceable title is in hand.
Step 4 - How do insolvency procedures affect debt recovery in Chad?
Insolvency in Chad is governed by the AUPC (Acte Uniforme portant organisation des Procédures Collectives d'Apurement du Passif - the OHADA Uniform Act on Collective Proceedings, revised 2015). It is triggered by "cessation des paiements": the debtor's inability to meet its due liabilities with its available assets, excluding cases where creditor-granted credit reserves or payment extensions cover the shortfall (art. 1-3).
The four procedures
- Conciliation: a preventive, confidential, consensual negotiation aimed at avoiding cessation des paiements altogether.
- Règlement préventif (preventive settlement): available to a debtor not yet in cessation des paiements.
- Redressement judiciaire (judicial rescue): for a debtor in cessation des paiements whose situation is not irremediably compromised.
- Liquidation des biens (winding-up): used where the debtor's situation is irremediably compromised.
Simplified track for small enterprises
A "petite entreprise" (small enterprise) - 20 or fewer employees and turnover of 50,000,000 CFA francs or less (excluding tax) over the preceding 12 months - can request a simplified version of any of the four procedures (AUPC art. 1-3).
Creditor priority on liquidation
Where assets are distributed on liquidation, the AUPC fixes the order of priority (arts. 166-167): sale and distribution costs first, then super-privileged wages, then mortgage and registered creditors by rank, then mass creditors, then general-privilege creditors, then unsecured creditors holding an executory title, then unsecured creditors without one. Any shortfall within a rank is shared pro rata.
Discharge
Discharge ("réhabilitation") is available once liabilities are fully extinguished through liquidation, once a settlement's promised dividends are fully paid, or with a full and unanimous creditor waiver (AUPC arts. 204-207). It is barred while a disqualifying criminal conviction stands. The Act sets no fixed calendar period for automatic discharge - it depends on payment or creditor consent, not on time elapsed.
What this means for a creditor
Because unsecured creditors without an executory title rank last in the AUPC's priority order above, obtaining an enforceable title before a debtor becomes insolvent materially improves recovery odds. Once one of the four procedures opens, a creditor's practical options are to lodge a claim in the proceeding and monitor the trustee's or the court's administration of the debtor's assets, rather than to pursue individual enforcement measures outside the collective process.
Fees, interest and who pays what in Chad
- Our fee: success-based - No Cure, No Pay (see pricing).
- Court & enforcement fees: state fees apply only if the case escalates to legal action.
- Statutory debtor items: late-payment interest and recoverable collection costs are added to the debt where the law allows.
- Who keeps what: recovered principal is yours; statutory costs and interest follow local rules.
Chad's statutory interest rate
Chad's own Code de procédure civile, commerciale et sociale (Loi n°028/PR/2020) sets the legal interest rate for each civil year equal to the discount rate ("taux d'escompte") of the Banque des États de l'Afrique Centrale (BEAC), the CEMAC-zone regional central bank (art. 478). Once a court judgment is obtained, that rate automatically rises by 5 percentage points, starting 2 months after the judgment becomes enforceable (art. 479). In tort (non-contractual) matters, moratory interest can instead run from the date the debtor was formally summoned (art. 480). BEAC itself publishes several distinct policy rates (TIAO, TIPP, TP, TISIP, TISP and TCM); this guide describes the legal mechanism rather than quoting a single current figure, since none of BEAC's published rates is explicitly labelled "taux d'escompte".
Cross-border debt collection in Chad
Chad's OHADA membership (ratified 13 April 1996, treaty in force in Chad 2 July 1996) means the AUPSRVE, AUDCG and AUPC framework described in this guide applies identically, word for word, across all OHADA member states (Traité OHADA, art. 10) - the same statute text used for debt recovery in Burkina Faso, Côte d'Ivoire, Senegal or Mali applies in Chad. Chad maintains a National OHADA Commission under its Ministry of Justice, reflecting this direct-applicability relationship domestically. Chad itself sits in the CEMAC/BEAC monetary zone rather than the UMOA/BCEAO zone used by West African OHADA states, which is why Chad's legal interest rate is fixed by its own national procedure code (Loi n°028/PR/2020, art. 478) rather than by a shared regional arrêté. This guide covers OHADA-area recovery only; it does not cover the separate exequatur procedure for recognising a court judgment issued outside the OHADA area, and creditors holding a non-OHADA foreign judgment should seek local counsel on that specific question.
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