Glossary
Payment order
The payment order is the simplified OHADA procedure for recovering a claim that is certain, liquid and due.
Explanation
In French it is the injonction de payer. It is set out in the OHADA Uniform Act organising simplified recovery procedures and enforcement measures, in the version adopted on 17 October 2023. The creditor files an application with the registry of the competent court, with supporting documents. If the judge is convinced, they issue a payment order, which must be served on the debtor within three months. The debtor may object within ten days of service.
The procedure only works if your paperwork proves the claim: contract or purchase order, proof of delivery, invoice, dated reminders.
Example
Fictional example. A transport company holds a 950,000 FCFA invoice, a waybill signed by the client and three dated reminders. Its file is complete: a lawyer or a bailiff can use it directly.
General information, not legal advice.