Chukwuma Ekomaru, Senior Advocate of Nigeria, in judicial robes

Debt Recovery: Why the First Ninety Days Determine the Outcome

Outstanding receivables deteriorate in value every month they go unenforced. Debtors restructure, transfer assets, and dissolve entities. The legal channels available at ninety days are not the same ones available at eighteen months. A brief outline of the enforcement sequence and why timing determines what is recoverable.

Debt Recovery3 min read

A debt is worth most on the day it falls due and a little less every month afterward. This is not only a matter of inflation or the time value of money. The longer a debt goes unenforced, the more opportunity the debtor has to restructure affairs, move or charge assets, and weaken the creditor’s practical position. The legal tools available in the first ninety days are frequently more effective than the same tools applied eighteen months later — by which point what they can reach has often shrunk.

Why time erodes recovery

A debtor who knows enforcement is slow or unlikely behaves accordingly. Assets are transferred to related parties, encumbered to new lenders, or simply dissipated. Companies are restructured or wound down. Records become harder to obtain. None of this is hypothetical — it is the ordinary response of a debtor given time. Early, credible enforcement removes that time and signals that the creditor intends to be paid.

The enforcement sequence

Recovery usually proceeds through recognisable stages. It begins with a formal letter of demand that establishes the claim and the deadline. Where that does not produce payment, it moves to proceedings — including, in appropriate cases, the undefended-list or summary procedures designed for clear, liquidated debts, which can be considerably faster than a fully contested suit. Once judgment is obtained, enforcement options such as garnishee proceedings against the debtor’s bank accounts, or other execution against assets, come into play. For corporate debtors, a statutory demand and the prospect of winding-up proceedings can itself prompt settlement.

Which of these is available, and how effective each is, depends heavily on acting before the debtor has reorganised around the expectation of delay.

The letter of demand and what follows

A properly drafted letter of demand does more than ask for payment. It fixes the amount, the basis, and the deadline; it preserves the creditor’s position; and it frequently resolves the matter without proceedings, because it tells the debtor that the creditor is organised and serious. Where it does not, it lays the groundwork for the proceedings that follow. Sending it early, rather than after months of informal chasing, is one of the highest-value steps a creditor can take.

What changes after ninety days

As months pass, limitation periods run, assets relocate, and the debtor’s position hardens. Some routes that were straightforward at ninety days become contested or unavailable later. The recoverable sum, the speed of recovery, and the certainty of the outcome all tend to decline together.

The practical conclusion is simple: treat an overdue receivable as a matter for prompt, structured action rather than indefinite negotiation. The enforcement sequence works best when it begins while the creditor still holds the leverage that time would otherwise hand to the debtor.

By Chukwuma Ekomaru SAN

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