LEGAL GUIDANCE
Recovering unpaid business invoices in The Gambia
Reconcile the account, identify the correct debtor and assess any dispute before choosing a demand, negotiated payment or court claim.
Is the invoice amount clear and due?
Match each unpaid invoice to the contract, order and evidence of supply. Record the due date, part-payments, credit notes and any complaint. An invoice alone may not answer a dispute about delivery, quality or the agreed terms.
Check the legal identity of the customer and the person who ordered the work. A trading name, company, director and guarantor should not be treated as interchangeable. Explain any guarantee or security you believe applies.
What should the recovery file contain?
- The agreement and incorporated terms.
- Orders, invoices and evidence of delivery or performance.
- A reconciled statement showing the outstanding balance.
- Payment promises, complaints and previous demands.
- Known debtor details and information relevant to recovery.
Separate principal, claimed interest and costs, and identify the basis for each. Do not add a penalty or recovery charge merely because payment is late without checking the agreement and applicable law.
Can the matter be resolved without proceedings?
A focused demand or negotiation may clarify whether the debtor disputes liability, needs time or cannot pay. The appropriate approach depends on the evidence, urgency and commercial relationship. Court action is not inevitable in every unpaid account.
If instalments or a settlement are proposed, record the amounts, dates, allocation of payments and consequences of default. Consider whether the arrangement changes or releases existing rights and whether any security is available.
When is a claim commercially worthwhile?
Assess the likely cost, time, evidence and realistic recovery options together. A judgment is a step towards enforcement, not a guarantee of payment. Provide any information about assets, location or insolvency concerns without assuming that a trading address establishes recoverable property.
Use B2B dispute guidance where performance is contested and judgment enforcement where a decision already exists. Solie Law Chambers’ debt recovery service can be scoped around the actual stage of the matter.
Related guidance
Published by Solie Law Chambers. Updated . General guidance; the advice for your matter depends on its facts and applicable law.
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Discuss an unpaid business account
Tell us the amount and currency, invoice age, customer identity, reason given for non-payment and whether any demand or proceedings already exist.
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