Debt collection and asset recovery in The Gambia

Assess the debt before choosing a recovery route.

Solie Law Chambers assists individuals and businesses with unpaid debts and claims for the return of property or assets in The Gambia. The starting point is the evidence: what was agreed, what is due, what the other party says and whether recovery is commercially worthwhile.

Work that may be appropriate

• Reviewing contracts, invoices, statements, payment records and correspondence.
• Assessing the basis and amount of the claim, any dispute and relevant deadlines.
• Preparing a demand or engaging in settlement discussions.
• Advising on whether proceedings are appropriate and the work required.
• Considering enforcement or recovery steps if an order or agreement is not honoured.

Can an unpaid invoice be recovered without a written contract?

An invoice is part of the evidence, but it may not show all the agreed terms or establish that the work was accepted. If there is no signed contract, collect quotations, purchase orders, messages, delivery notes and records of earlier payments. These may help establish what was agreed and performed.

Identify the actual customer or borrower. A trading name, an individual and a limited company are not interchangeable. Explain who placed the order, who received the goods or money and whether anyone gave a separate guarantee.

Prepare a statement of account showing the original amount, credits, part payments and balance. Any interest or additional charge should have an identified basis; adding an unsupported figure can create an avoidable dispute.

What can a demand or negotiated repayment achieve?

A clear demand sets out the basis of the claim, the amount sought and the response requested. The appropriate terms and timing depend on the agreement and the circumstances. If the debtor disputes the work, record the complaint and assess it rather than treating every unpaid account as an admitted debt.

Where repayment by instalments is proposed, agree the amounts, dates, payment method and consequences of a missed payment. Consider whether security or another enforceable commitment is available and suitable. Keep a record of every receipt and the balance remaining.

A payment promise does not establish the debtor’s ability to pay. Compare the proposal with the costs, delay and likely recovery from further action.

Three questions to resolve early

1. Can the claim be supported?

   Identify the correct debtor, the contractual basis of the debt and the documents showing how the sum became due. Explain any complaint, counterclaim or part payment.

2. Is recovery proportionate?

   Consider the amount at stake, the likely costs and the information available about the debtor or assets. A successful claim does not itself guarantee payment.

3. Which route fits the circumstances?

   Discuss negotiation, formal demands and proceedings, together with the steps that might be needed afterwards. Asset recovery may raise ownership and possession issues as well as payment questions.

Information to prepare

• The debtor’s or other party’s name and available contact details.
• The amount claimed, due dates and any payments received.
• A short chronology and the agreements or invoices available.
• Any existing proceedings, orders, settlement proposals or approaching deadline.
• For an asset claim, a description, location and evidence of ownership.

How is recovery of an asset different from collection of a debt?

A demand for the return of a vehicle, equipment or other property raises questions about ownership, possession and the agreement under which the other person holds it. Gather purchase records, identifying details, photographs and any lease, loan or custody agreement.

Explain where the asset is believed to be, who has it and whether there is a risk of movement or disposal. The lawful recovery route needs to be assessed before taking possession yourself. A claim to ownership does not by itself authorise entry onto premises or seizure.

What if you already have a judgment?

Provide the full decision, the court and case reference, details of any appeal or settlement, and the payments received. An enforcement review should identify what the order requires and what information is available about the debtor and assets.

If the decision came from another country, explain where the proceedings took place and whether the debtor participated. Recognition and enforcement in The Gambia need their own assessment. The original judgment should not be treated as a guarantee of local recovery.

Fees, timing and overseas creditors

The other party’s response, a disputed claim, court procedure and enforcement can affect both cost and timing. Ask for fees for the proposed stage and the additional expenses that may arise. Recovery cannot be guaranteed.

If you are based overseas, tell us where your business and documents are located and whether you have an existing lawyer. Read more about commercial disputes.