LEGAL GUIDANCE
Recovering a personal loan or private debt in The Gambia
Establish whether the money was a loan, investment, gift or payment for something promised before deciding how to seek recovery.
What was agreed when the money changed hands?
A transfer proves that money moved, but may not establish why it was paid or when it had to be returned. Gather the messages, agreement and surrounding records that explain the arrangement.
Distinguish a personal loan from a business investment, family gift, property deposit or payment for work. Different issues arise where repayment was unconditional, linked to a sale or expected only if a venture succeeded. Give the adviser the full account, including terms that may not support your position.
How should the evidence be organised?
- Record each payment, date, currency and recipient.
- Keep transfer confirmations and any written acknowledgement.
- Identify repayment terms, promises and part-payments.
- Save the complete relevant message exchanges.
- List witnesses and what they personally know.
Preserve originals and do not alter messages or create a retrospective agreement as though it had been signed earlier. An accurate chronology is more useful than selected screenshots without context.
What can a settlement proposal address?
Consider the amount accepted, payment dates and whether the agreement resolves the entire dispute. If the debtor proposes to transfer property or have someone else pay, the legal and practical arrangements need separate checking.
A negotiated outcome may be appropriate, but it should be evaluated against the evidence and realistic ability to pay. Avoid threats or public accusations as a substitute for a lawful recovery process.
What if the parties are in different countries?
Explain where the agreement was made, where payment occurred, where each party lives and where assets may be located. Jurisdiction, service and enforcement may require advice in more than one country.
For an unpaid business invoice, read commercial debt recovery. For an existing court decision, read enforcing judgments. If the payment was for land, the property deposit guide may be the more useful starting point.
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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