₦airaland Forum

What about loan sharks like fairmoney palmpay and opay

Lolz! Una no know Nigeria police 😀 they will advise the person you owe to claim that you assaulted him/her when he came to ask for the debt just to make sure the have something to hold you on!🤣

saintopus:
The guy made a whole lot of sense. Yes, he is owing money, does not make the individual a criminal. Police should not be involved in purely civil cases.

if you know the law, know how to pay too. You may rot in jail in Nigeria if you follow that guy advice. Just go and pay up rather than stressing the public. For my area na community and royal judges go handle your matter no be police or court.

My guy, a debtor is not a criminal. Its a civil transaction. the OP is not wrong. Everybody owes one way or the other. So please no the law and approach issues the way way they are supposed to be. Yes a debt is a debt, and the modalities of paying back are well spelt in an agreement. The shylocks will use ignorance and claim statutory rights over what was signed, but the law states that you can negotiate paymwnts as is convinient to you. There is no criminal ramification attached to paying debts, otherwise every counties including Nigeria should have been docked for debt reneging as per being a criminal.

Wealthyonos:
For your mind you made sense abi? You're owing someone money, without remorse, you will still go ahead to sue... Rubbish and ingredients.. If you had paid the debt, all these shots wouldn't happen... Got that?

You own person money you con dey threaten am join and for your mind you think it's civil shit ba? Dey play.

U

OBT obtaining by trick is a criminal offense

MamaFryo:
You are owing someone money and the person brought Police to arrest you, this is what you should do.

At first, the police have no legal authority to arrest you for a simple debt, as it is a civil matter and not a criminal offense. According to the Police Act 2020 and the Administration of Criminal Justice Act (ACJA), the police are strictly prohibited from interfering in civil disputes or acting as debt collectors

Meaning that, the Police officer the person brought to arrest you, is on illegal duty and is on a mission to perform illegal arrest.

So at this point.

1. Ask the Police officer for his ID and take note of his name

2. Calmly tell the officer it's a civil matter

3. If the officer insist on arresting you, don't resist the arrest. Follow him

4. If they ask you to sign any undertaking of when you will pay back, sign it

That undertaking is not enforceable anywhere, so no fear at all

Once you are out

File a suit against the person you owe and the Police Officer for breach of your fundamental human right and illegal arrest with unlawful detention

In the suit, demand for damages of 50 Million Naira

Ignorance of the law is no excuse

Wealthyonos:
For your mind you made sense abi? You're owing someone money, without remorse, you will still go ahead to sue... Rubbish and ingredients.. If you had paid the debt, all these shots wouldn't happen... Got that?

Just ignore that habitual debtor. He's living in a dream world. Na body dey sweet am probably because his creditors never come in full swing. When they come for am, body go tell am

dominique:
Owing someone money is not a criminal offense, your creditor has no rights to arrest you. You're within your rights to sue anyone for wrongly arresting you

reply my mail and look into it please thanks

Won't it be better to pay back the person and avoid all these stress? Why is it that Nigerians are not good in paying back debts?

Please a lawyer should confirm this position.

Una never know police. The police will change the civil matter to fraud or impersonation .

dominique:
Owing someone money is not a criminal offense, your creditor has no rights to arrest you. You're within your rights to sue anyone for wrongly arresting you

So how will the creditor get his or her money back?

mostHandsome01:
People who don't know the law will come for you but truth is, as bad as Nigeria is. Certain law works.

Someone paid for a property that cost 25 million with the agreement to split the payment 5 times. he paid the initial deposit of 5 million and packed into the house. he defaulted countless times to pay up the other parts. the owner got angry and arrested him. he was locked up for a week. after he came out, he filed a lawsuit against the seller and the police force. after several adjournment as usual. The judge declared the arrest illegal and that the man should be paid 5 million for damages. The judge said if the man defaulted. the seller should have simply used the court to eject him.


The more I read all the comments on this thread, the more I'm happy the poster made such post. many Nigerians are ignorant. they think because Nigeria is bad, anything goes. Nobody is encouraging people to borrow money and not pay. all the post is saying is, there is a right and legal way to go about recovery.

Please what is the right way to go after recovery

dominique:
Owing someone money is not a criminal offense, your creditor has no rights to arrest you. You're within your rights to sue anyone for wrongly arresting you

What if the person owing you run away and you later saw the person at another location, what are you going to do?

Originalsly:
What would the person be suing for? It is for unlawful arrest and detention. The guy is explaining how to handle such a situation within the law ...what have you learned? ...nothing. This is our problem ... we disregard the law and use "common sense" ...then when we get to court ...we have nothing to say ...no defense ...or what we have to say amounts to nothing in the eyes of the law. Some people make a living out of unlawful arrest followed by lawsuits. The one who is owed money needs to take the matter to Civil Court ...not go get Police...and Police should know arresting someone under such situation is illegal

You wey get sense see the logic you're using??
Let's apply the same logic: As the person you borrowed the money has been avoiding you and unreachable, what will you do??
You will use Court marshals and Judge will leave his court desk and be searching around for your debtor to bring him to court abi??

Well, it depends owing the grounds of owing.
1. If the person borrows money from you and promises to pay at a particular time and he is not able to pay, although, police or people will encourage you to arrest such a person but if you do, you will lose money. This is because you will need to mobilize the police that will go and make the arrest. Even when you make the report at the station, it's not free. When the debtor is eventually arrested, no police will charge such a person to court because it is purely a civil matter. They will only ask the two of you to negotiate and come up with a new terms of payment. However, at that point, the debtor knows that the police is already involved, so he would take you seriously and keep to terms. The police might even mandate him to be reporting to the station at certain intervals.

On the other hands, if you supply someone goods on credit and he sells it and refuses to pay back, that's a criminal offense! It is enforcement because it has moved from owing to conversion of your money into personal use! For that, he can go to jail if he's not careful.

In addition, if you do ajo with somebody who coordinates and charges commission at the members maturity and all of a sudden, the coordinator disappears, that is also not owing, they will look for one criminal name to give it too and it is also enforceable.

But in my own opinion, integrity remains the currency of business. Anybody can owe, even a greater percentage of the companies we work for run on loans. If you owe, ensure you pay back as and when due in your own interest. Even if your creditor can not do you anything (because not everybody has time and strength for trouble), trust me, it can come back to hunt you many years later.

At that point, you would now regret and you would realize that the money was even what you could afford to pay back on time but out of greed and wickedness, you've shot yourself in the foot.

I stand to be corrected on my submissions tho because I'm not a police or a lawyer. It's strictly my personal opinion.

Just my 2 cents.

Op, in case where a transaction is involved what should we call that? U lied to me that u have product, I paid you and u failed to deliver.

MamaFryo:
You are owing someone money and the person brought Police to arrest you, this is what you should do.

At first, the police have no legal authority to arrest you for a simple debt, as it is a civil matter and not a criminal offense. According to the Police Act 2020 and the Administration of Criminal Justice Act (ACJA), the police are strictly prohibited from interfering in civil disputes or acting as debt collectors

Meaning that, the Police officer the person brought to arrest you, is on illegal duty and is on a mission to perform illegal arrest.

So at this point.

1. Ask the Police officer for his ID and take note of his name

2. Calmly tell the officer it's a civil matter

3. If the officer insist on arresting you, don't resist the arrest. Follow him

4. If they ask you to sign any undertaking of when you will pay back, sign it

That undertaking is not enforceable anywhere, so no fear at all

Once you are out

File a suit against the person you owe and the Police Officer for breach of your fundamental human right and illegal arrest with unlawful detention

In the suit, demand for damages of 50 Million Naira

Ignorance of the law is no excuse

This post belongs to Atanda of people's parliament. Give credit

Hmmm, so provoke someone owing you, till they say something complicating and then you arrest them. Am I thinking right? Omoh
e be like the life get manual last last

rapcy:
Please what is the right way to go after recovery

Truth be told, better to borrow what you can afford to loose, expecially in a place like Nigeria. This is because the only legal way to recover debt is sueing them to court. imagine if the debt amount is less than 100k. the amount a lawyer will charge and the cost of the legal proceedings will supercede the said amount. by the time the money is recovered through the court, you might have spent more than the said amount. in some cases, some lawyer will add damages for what the delayed payment caused and if the lawyer is good, then you can always get extra for damages for the time wastage and the cost of the legal proceedings you had to incure and most importantly if you are able to claim you lost something huge due to their actions.

femoree2:
U

OBT obtaining by trick is a criminal offense

Some of you dont know the law, obtain by trick is a completely different situation. in this case, you are not owing, you knowingly swindled someone of their money. example. you put up a house for sale that is not yours. you gave them fake documents and you get paid. later on, when they find out it is not your house. you will be arrested and charged based on "Obtain by trick" and "falsification of documents".

mostHandsome01:
Truth be told, better to borrow what you can afford to loose, expecially in a place like Nigeria. This is because the only legal way to recover debt is sueing them to court. imagine if the debt amount is less than 100k. the amount a lawyer will charge and the cost of the legal proceedings will supercede the said amount. by the time the money is recovered through the court, you might have spent more than the said amount. in some cases, some lawyer will add damages for what the delayed payment caused and if the lawyer is good, then you can always get extra for damages for the time wastage and the cost of the legal proceedings you had to incure and most importantly if you are able to claim you lost something huge due to their actions.

What of situation when you pay for a service and the service wasn't rendered and the person is delaying to refund you

MamaFryo:
You are owing someone money and the person brought Police to arrest you, this is what you should do.

At first, the police have no legal authority to arrest you for a simple debt, as it is a civil matter and not a criminal offense. According to the Police Act 2020 and the Administration of Criminal Justice Act (ACJA), the police are strictly prohibited from interfering in civil disputes or acting as debt collectors

Meaning that, the Police officer the person brought to arrest you, is on illegal duty and is on a mission to perform illegal arrest.

So at this point.

1. Ask the Police officer for his ID and take note of his name

2. Calmly tell the officer it's a civil matter

3. If the officer insist on arresting you, don't resist the arrest. Follow him

4. If they ask you to sign any undertaking of when you will pay back, sign it

That undertaking is not enforceable anywhere, so no fear at all

Once you are out

File a suit against the person you owe and the Police Officer for breach of your fundamental human right and illegal arrest with unlawful detention

In the suit, demand for damages of 50 Million Naira

Ignorance of the law is no excuse

Oga, some people no dey use police ooo. Na cultist dem dey use. Some na juju. Better pay who you dey owe if no wan turn cripple for young age

ravensckar:
Experience they say is the best teacher. This write-up and points made by the OP are very valid points. Regrettably, I learnt it myself at the station.

I had arrested someone for owing me. On getting to the station, the Police men pulled me aside and broke the news to me. They even advised me to accept whatever terms of settlement that the person proposed. Fear catch me.

That was after paying heavily for mobilization and settling all the who is whos at the station. Las las, as the person was paying me, the Police people were deducting 10% from every payment. Body bite me.

After that day, I made it my life's mission to never borrow anyone huge sum of money. No matter the story, na small thing I go just give you. If you pay back, fine. If you don't, your problem.

You are really a good person some people would have gone diabolical to deal with that debtor.

ThunderFireAgba:
You wey get sense see the logic you're using??
Let's apply the same logic: As the person you borrowed the money has been avoiding you and unreachable, what will you do??
You will use Court marshals and Judge will leave his court desk and be searching arfound for your debtor to bring him to court abi??

If the person is avoiding you and is unreachable ... how did you bring Police to arrest him? Is he unreachable if it's a court matter but reachable if you're taking your own action? The same way he is illegally arrested is the same way he can be legally arrested. It seems that we must find another way to do things except the right way ...and we wonder why systems work in other countries but not ours .

It's same to me.... Tricking someone into borrowing you money on the pretense that you will return the money which you know fully well that you won't return it is still obtaining by trick to me cos you trick me into believing that you will return my money 🤑

mostHandsome01:
Some of you dont know the law, obtain by trick is a completely different situation. in this case, you are not owing, you knowingly swindled someone of their money. example. you put up a house for sale that is not yours. you gave them fake documents and you get paid. later on, when they find out it is not your house. you will be arrested and charged based on "Obtain by trick" and "falsification of documents".

justi40:
It simple remind the person, ask him severally, make sure you documents and even show evidence and have a witness that can attest that you have tried every means possible, then sue the person to court, and add others damages to the amount, you can even get a court order to restrict his account,
Until he pays you, biko dun forget to include all those expenses in the amount he owe you, so the person can pay in full

this are business deals, people I give goods to but don’t pay or won’t pay. Can I still take this route?

Yes boss, it called business gone bad and it legal proceedings also,

First ensure you reached out to them possibly through text message, WhatsApp message and the rest so you can screenshot it, also call history also, first if the transaction was paid by bank transfer, please visit your bank to logged complain tell them it wrong transfer, so them reach out to the person bank to hold funds or informed the customer of potential PND, then visit a legal counsel, and explain to him he will rely on those evidence to approach the court to get a order mandating the bank to lien and placed all account link to his BVN on Post no debit, please don't forget to tell your lawyer to add the loses the said funds or business bad has cost you and what you had to do extra so the total cost can be added as damages and watch the judge do wonders,
Even if the person don't have money in his account, the bank can go ahead to even blacklist his BVN, so don't forget to add this paragraph
All account link to his BVN should be blacklisted
Cbn and that bank and other banks you presume they have or operates account should be copy as among the responded

fuckboys:
this are business deals, people I give goods to but don’t pay or won’t pay. Can I still take this route?

You can boss, as soon as their is evidence of business gone bad, meaning you transfer money from your account and you have the receipt in copy, it good to go, approach a lawyer draft everything to him, but please first report to your bank to log it against their anti fraud team for fraudulent transaction
Now it two things here when you bank report it, the beneficiary bank is approached they immediately lien or block the account for fraudulent suspicious transaction if there is available balance in it fine it will be savage for you when the court order is finally out and submitted.
But if the account is not funded by the time you report the issue to your bank and your bank forward to the beneficiary bank.
The court order when out can be used to go further to blacklist the customer BVN, and all account link to the BVN is blocked
That aspect the person will run but can't hide, na him go come find you to settle you

So whichever way with Court order you can retrieve your money back, it just a matter of time

fuckboys:
this are business deals, people I give goods to but don’t pay or won’t pay. Can I still take this route?