Empresa de cobrança de dívidas na Nigéria - Sem recuperação sem honorários

Passo 1 - Como funciona a recuperação de crédito amigável (pré-legal) na Nigéria?

Pre-legal collection in Nigeria recovers an unpaid invoice without going to court, through reminders, a formal Letter of Demand and negotiation. The Letter of Demand is not just a courtesy: it is an express precondition to filing in the Lagos Small Claims Court, which then gives the debtor a 7-day window to settle before the claim proceeds. A written acknowledgement of the debt or a part payment also restarts the 6-year limitation clock, so a signed settlement or instalment agreement is worth securing even where payment is deferred.

Conduct rules in the amicable phase in Nigeria

Nigeria has no dedicated debt-collector licensing statute, but two federal regimes set the conduct standard. Where the creditor is a bank or another CBN-regulated lender, the Central Bank of Nigeria's Consumer Protection Regulations (December 2019) require recovery to be transparent, courteous and fair and free of intimidation or harassment; they ban contact between 9pm and 8am without consent and ban contacting the debtor's employer, relatives, friends or neighbours except to obtain contact details, and the creditor institution stays liable for its agents' conduct. Where the creditor is a digital or other non-traditional consumer lender, the FCCPC's DEON Consumer Lending Regulations 2025 (in force 21 July 2025) add registration, fair-treatment and responsible-conduct duties backed by penalties up to N50 million for an individual and N100 million or 1% of turnover for a company.

When to escalate to court in Nigeria

Escalate when the Letter of Demand lapses, the debtor disputes without substance, or the limitation period approaches. Because the fast-track routes turn on the absence of a real defence, the amicable phase is also where you establish whether one exists: a debtor who raises no substantive objection in correspondence is a strong candidate for the Undefended List or Summary Judgment.

Passo 2 - Como se obtém um título executivo na Nigéria?

Nigerian civil procedure gives a creditor with a clear, documented money claim two ways to avoid a full trial, plus a dedicated small-claims route in some states. Which is available depends on the claim type, the value and the state.

The Lagos Small Claims Court

Lagos State operates a Small Claims Court for a liquidated money demand up to N5,000,000, excluding interest and costs, with counterclaims allowed up to N10,000,000. It was created by the Chief Judge of Lagos State's Practice Direction on Small Claims 2023 and has been in force since 28 April 2023. A Letter of Demand is required first, the debtor gets a 7-day amicable-settlement window, and the court works to a target of 60 days from filing to judgment. Enforcement of a small-claims judgment runs by garnishee under sections 83 and 84 of the Sheriffs and Civil Process Act. This is a state instrument, not a national one: other states have their own arrangements or none.

The Undefended List Procedure and Summary Judgment

Both are fast-track routes for a claimant who believes the defendant has no real defence, and they differ in scope. The Undefended List Procedure is strictly for a liquidated money demand: the creditor files the originating process with a supporting affidavit, and if the defendant cannot show a triable defence, judgment is entered without a full trial. Summary Judgment covers any claim type where no good defence is believed to exist; the claimant files the statement of claim, exhibits, witness depositions and a supporting affidavit alongside the originating process, and the court enters judgment if it finds no good defence. Both are creatures of the applicable state or FCT High Court Civil Procedure Rules, so the rule number differs by court.

Determining the appropriate court in Nigeria

Forum choice is the first strategic decision in a Nigerian debt claim. Value and state determine whether the claim sits in a Magistrates' Court, a State High Court, or the Lagos Small Claims Court, and the general Magistrates' Court ceiling above the small-claims threshold varies by state; the current figure could not be confirmed from a primary source for this guide, so confirm it with local counsel before filing. Where the claim is genuinely disputed on the merits, ordinary civil procedure applies and a full trial may follow, with appeals running to the Court of Appeal and then the Supreme Court.

Passo 3 - Como funciona a execução de dívidas na Nigéria?

Once you hold a judgment, enforcement is carried out by the Sheriff of the court and court bailiffs under the Sheriffs and Civil Process Act (Cap 407, Laws of the Federation of Nigeria 1990) and the Judgment (Enforcement) Rules. The same Act applies in Lagos State and, under the Federal Capital Territory Act 1976, in the FCT, so the enforcement toolkit is broadly consistent even though the courts that issue the judgment are not.

Ways to enforce a claim in Nigeria

• Writ of execution: the Sheriff seizes and sells the judgment debtor's movable and, where the rules allow, immovable property, and the proceeds are applied to the judgment sum.
• Garnishee proceedings: the court attaches money owed to the debtor by a third party, most commonly a bank balance. This is the route the Lagos Small Claims Court itself points to, under sections 83 and 84 of the Act, and in practice it is the fastest way to reach a corporate debtor with a known bank.
• Examination of the judgment debtor: the court can require the debtor to disclose their means, which turns an unenforceable paper judgment into a targeted execution.
• Post-judgment interest: under the Lagos High Court Rules 2019, Order 39 Rule 4, the judge may order interest on the judgment sum at not less than 10% per annum from the date of judgment, so delay by the debtor is not cost-free.

The enforcement process in Nigeria

The creditor applies to the court that gave the judgment for the writ or garnishee order, the Sheriff executes it, and the proceeds are applied to the judgment debt and costs. Certain assets a debtor needs for basic living are protected. Because the Sheriff acts on what the creditor identifies, enforcement moves fastest when the file already names the debtor's bank, receivables or registered assets, which is why asset information gathered during the amicable phase is worth capturing properly.

Cross-border debt collection in Nigeria

Nigeria has no reciprocal-enforcement arrangement that a foreign creditor can simply invoke. The Foreign Judgments (Reciprocal Enforcement) Act (Cap F35, Laws of the Federation of Nigeria 2004) provides for registration of judgments from countries designated by Gazette order, but no such designating order appears to have been made under Part 1 of the Act, which leaves the modern registration route largely theoretical. In practice, judgments from the United Kingdom and certain other Commonwealth jurisdictions are dealt with under the older Reciprocal Enforcement of Judgments Ordinance, and for everywhere else the fallback is a common-law action on the judgment: the creditor sues in Nigeria on the foreign judgment as a debt, rather than registering it. That is slower and more expensive than registration, so where the debtor's assets are in Nigeria it is usually better to bring the claim in Nigeria in the first place, using the Undefended List or Summary Judgment routes, than to win abroad and then import the judgment. Confirm the current designation position with Nigerian counsel before relying on either route.