By: BARR. EDOABASI UDO

If overdue debts are standing against your name and you are unable to settle, chances are that your Creditor may resort to self-help as a countermeasure to get you to pay-up. Self-help measures may include the use of menacing threats, violence, bodily harm, malicious destruction of goods or property, and/or your arrest and detention by the Police at the creditor’s behest.

Action You Should Take

For starters, you must endeavor to settle all outstanding debts as and when due to maintain a good relationship with your creditor and to avoid embarrassment and harassment by your creditor or the Police. However, if you simply cannot pay up due to a breach of contract by your creditor, you need to talk to a lawyer to help you prepare for a setoff or counterclaim or to initiate an action for breach of contract against the lender/vendor. However, if you are facing cash-flow problems, your lawyer can help you negotiate the restructuring and the rescheduling of the debt with your creditor to allow you a light and easy installment payment plan.

What You Should Note

As a debtor, note that your receipt of a Letter of Demand by your creditor/vendor or through his lawyer is indeed a pre-action notice for a debt recovery action in Court. You should talk to a lawyer before responding to such Letter of Demand in order to avoid legal liability for the debts due, otherwise, your reply letter may be used against you at the Court hearing.

What to Do If Your Creditor Resorts to Self-Help or Uses the Police to Harass You

Failure to repay overdue debts is a civil wrong and not a criminal act. The Police and other security agents, therefore, have no power under the law to arrest, prosecute or to take any action against a person for failure to pay debts. The court frowns at any self-help or extra-judicial step by a creditor to recover the debt.

Where your creditor resorts to self-help or uses the police or any security agents against you, you should talk to a lawyer. Your lawyer, depending on the circumstance of your case, will commence a court action for the enforcement of your fundamental (human) rights including release from detention, and for liabilities for assault; battery; false imprisonment; constitutional rights abuse against the creditor and the Police; and get compensatory monetary damages awarded by the Court in your favour.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

SOURCE: This article was written by Barr. EdoAbasi Udo. View the original article at www.lexartifexllp.com/for-debtors-what-to-do-if-your-creditor-resorts-to-self-help-or-chases-you-with-the-police/

Ambush the debtor!

This is good OP!

Lalasticlala
Seun
Semid4lyfe
Ishilove
Mynd44
Marpol
Obinoscopy
Fynestboi

Chineke! Civil offence and not criminal? I no lend money again.

This is why one of my debtors has been fattening lately and wearing gucci(e bi lyk Aba made shaa) without paying me.

Op, what if my self-help is resorting to diabolical means? Maybe getting help from Ebiraland, Ogoni, Enugu-Ezike, or Ijebu-Ode?

nice one

In dis year and beyond, I shall not have any course to borrow to the extent that a creditor will start chasing me about with police IJN

Wait,you want to come and be paying 5 naira for one month till you pay up my one million naira debt in 500 years bah


Nah so i take give you the debt?


If you try to pull that type of stunt with me,i will catch you and cruxify you. Na me wan call police for you say i dey craze ni?

To my fellow debtors don't get inspired, this article is for the "premier league" debtors not us the "Division 5" debtors owing mechanics, runs girls, landlord etc.

You never owe men before

If you owe real men, you must pay back what you owe

No be all these things you dey talk

Am listening preach on.....

Ha! My creditors are in trouble
Na to dey borrow moni anyhow now oo

Thank God that lady owing me a whole lot of money is not a narialander because I am gonna arrest her soon

In theory, very helpful article.

To avoid this take no loan. This post would put you in more trouble.

Maybe you should just pay your debt.

This is a civilized post!
Nice one @OP

Wish Nigerians can dump this 'I'm a Naija' mentality and embrace civilization.

Relocate and never pay him

Exactly why debtors get shot.

By then police fit don commoth 10 teeth o, I still think the best idea is to ambush the creditor.

Some debtors can be so annoying, imagine my shock to find one of my tenants drinking beer in a club where Hero lager is sold for N700, meanwhile he is owing me 1 year and 6 months rent x 25k a month!

I must use self help o, his property will be resting outside my compound before weekend. Some agberos are waiting to pack him out by force.

hmm

GideonIdaboh:
In dis year and beyond, I shall not have any course to borrow to the extent that a creditor will start chasing me about with police IJN

Amen...always borrow money you can pay back

Always borrow money you can pay back.

Get a bank loan and don't pay back.

Most especially MFBs

jerflakes:
You never owe men before

If you owe real men, you must pay back what you owe

No be all these things you dey talk

He should ask late Ikechukwu Anajemba (Godas) and others the consequence of owing and refusing to pay up.

standard vs actual

Satansadvocate:
Wait,you want to come and be paying 5 naira for one month till you pay up my one million naira debt in 500 years bah


Nah so i take give you the debt?

Such people deserve gun shots at close range to the head.

But some debtors r wicked sha, dey just wnt want to pay back. I encourage d use of any means necessary against such pple..
Op if d debtor cant pay back money he/she is owing, hw wuld d person b able to hire a lawyer?

satowind:
Relocate and never pay him

He will locate you, then relocate you where you’ll never be found.

HH

369x:
nice one

Lol!What is nice one..If you owe anyone money go ad pay before the person carry your matter go OKIJA SHRINE.

Sum pipu no dey use money play ooo..Dem ready kill for money ooo.