Debt recovery

Team Managers : Mr. Paul NAYABA & Mr. Enid Jr MPETI

In business practice or even in mere civil matters, creditors can faced trouble in collecting debts, insofar as their debtors either refuse to willfully pay, or have insufficient cash flow leading to cessation of payments, or even run away from their responsibilities.

The law provides for debt collection mechanisms, not only for civil debts, but also for commercial debts. The DRC provides for two types of debt recovery laws, there are two legislations: the one applicable to the recovery of civil debts and the one relative to commercial debts. If for civil debts it is the internal law which has legal course, it should be noted that for commercial debts it is the OHADA community law which applies, in particular by the mechanism of the Uniform Act bearing Organization of the Simplified Procedures of Recovery of the Debts and Ways of Enforcement.

In a country mainly focused on the exploitation of natural resources and trade, it is obvious that many debts are outstanding. Debts of national or international character, contracted abroad for the needs of investments. Hence the collection mechanisms governed by the laws mentioned above.

TI&A sca has a long tradition of debt collection for both types of debt. The collection can be done by amicable means or by constraint. In the latter case, TI&A implements strategies adapted to the type of debtor to force him to pay, either by threat of seizure, or by legal proceedings with damages etc...

TI&A's team is experienced in the practice of collection litigation.