Recovering a debt in Ghana: from demand letter to judgment
The steps to take when a customer or borrower will not pay, and the time limits that apply.
· 1 min read
Most debts are recovered without a trial. The process is designed to put pressure on the debtor early and move quickly where there is no real defence.
1. Send a letter of demand
A lawyer's letter stating the amount, the basis of the claim and a deadline often produces payment or a repayment plan.
2. Issue a writ
If the debt is unpaid, proceedings are started in the court with the right jurisdiction for the amount claimed.
3. Summary judgment
Under the High Court (Civil Procedure) Rules, 2004 (C.I. 47), a claimant can apply for summary judgment where the defendant has no real defence. This avoids a full trial.
4. Enforcement
A judgment can be enforced by attaching and selling the debtor's property, garnishing money owed to the debtor, or other methods the court allows.
Time limits
Under the Limitation Act, 1972 (NRCD 54), a claim for a simple contract debt must generally be brought within six years. Do not wait.
Sources
- High Court (Civil Procedure) Rules, 2004 (C.I. 47)
- Limitation Act, 1972 (NRCD 54)
- GhaLII, Ghana Legal Information Institute (texts of Ghanaian statutes and judgments)
This article is general information about Ghanaian law, not legal advice. Speak to a lawyer about your own situation.
This article is general information, not legal advice. Please contact us about your own situation.
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