Debt Recovery6 min read

The Loan Recovery Process in Nigeria: A Guide for Lenders

Reviewed by Adebayo Sobayo and Adedeji Adeyemo, Legal Practitioners

Loan recovery in Nigeria follows a set order: notify the borrower of the default, engage them before any collection starts, send a formal demand, agree a repayment plan where possible, call on any guarantor or security, and only then go to court and enforce the judgment. For banks, microfinance banks and other CBN-regulated lenders, several of these steps are written into the CBN Consumer Protection Regulations.

Step 1: Notify the borrower of the default

The CBN rules require early notice before default charges apply (section 4.6):

  • Deposit money banks must notify the customer within 3 days of the first day of default that a default charge will apply after 7 days from the due date.
  • Other CBN-regulated institutions, such as microfinance banks and finance companies, must notify the customer on the first day of default that a default charge will apply after 3 days.
  • The default charge must be shown in the statement of account separately from interest.

Step 2: Engage the borrower before collection starts

Institutions must "engage and give customers notice(s) of outstanding obligations prior to the commencement of a debt collection" (section 5.5.1). In practice: call or write to the borrower directly, confirm the balance, ask why they have fallen behind, and keep a record of every contact. Many accounts are resolved at this stage with a restructured plan.

Step 3: Send a formal letter of demand

If the borrower does not respond or pay, a letter of demand states the exact balance, how it is made up and the deadline to pay, and says what will follow if it is ignored. A letter signed by a lawyer shows the borrower that court is the next step. In Lagos, serving a letter of demand is also a condition for using the Small Claims Court (Lagos Practice Direction on Small Claims 2023, Article 2). See our letter of demand sample.

Step 4: Agree a repayment plan in writing

Where the borrower wants to pay but cannot clear the balance at once, a written repayment agreement, signed by the borrower, gives you a clear acknowledgement of the debt and a record to rely on if the plan fails.

Step 5: Call on the guarantor or the security

A guarantor can be asked to pay under the terms of their guarantee. For secured loans, the CBN rules set the order (section 5.5):

  • Foreclose only when other recovery steps have failed.
  • Give the customer the option of a private sale, to be exercised within 30 days before foreclosure, unless they waive it.
  • Apply the net proceeds to the loan account immediately, tell the customer of any balance, and give them a report of the sale showing the process, proceeds, expenses and net proceeds.

Step 6: Go to court

An unpaid loan is a fixed ("liquidated") sum, which suits the faster court routes. In Lagos, claims of up to ₦5,000,000, excluding interest and costs, can go to the Small Claims Court, with a target of 60 days from filing to judgment (Lagos Practice Direction on Small Claims 2023, Articles 2 and 13). Larger balances go to the Magistrates’ Court or the High Court, depending on the amount. Read how the Lagos Small Claims Court works.

Step 7: Enforce the judgment

If the borrower still does not pay after judgment, it can be enforced, for example through a garnishee order against money held in their bank account. See enforcing a judgment.

What should lenders keep on every file?

  • The signed loan agreement, the offer letter and any guarantee.
  • The statement of account and full repayment history.
  • Copies of every default notice and reminder, with dates.
  • A current address for the borrower, for service.
  • Notes of every call or visit, and any written acknowledgement of the debt.

Pandas LP runs steps 3 to 7 for lenders: a demand letter reviewed and signed by a licensed practitioner from ₦20,000 per account, reminders on days 7, 10 and 14, a weekly report on every file, and court filing only with your written approval. Loan recovery for lenders.

Before you start, read how to recover loans from defaulters lawfully: the contact rules apply at every step.

Sources: CBN Consumer Protection Regulations (2019), sections 4.6 and 5.5; Lagos Practice Direction on Small Claims 2023, Articles 2 and 13.

Common questions

What is the first step in loan recovery in Nigeria?

Notifying the borrower of the default and engaging them before any collection starts. The CBN Consumer Protection Regulations require notice of outstanding obligations before debt collection begins (section 5.5.1).

Can a lender take a loan defaulter to the Small Claims Court?

Yes, in Lagos, for balances of up to ₦5,000,000 excluding interest and costs, once a letter of demand has been served (Lagos Practice Direction on Small Claims 2023, Article 2).

When can a bank sell the collateral?

Under the CBN rules, only when other recovery steps have failed, and after giving the customer the option of a private sale within 30 days before foreclosure, unless they waive it (section 5.5).

About the reviewers

Adebayo Sobayo · Founder and CEO, Legal Practitioner

Founded Pandas LP to make good legal help affordable for everyone. A Nigerian lawyer, he previously spent two years on the legal and compliance team at Dojah, the Y Combinator-backed identity and compliance company.

Adedeji Olaoluwa Adeyemo · Legal Practitioner, Pandas Legal Practitioners

Reviews and signs the letters of demand Pandas LP serves, and the firm’s guides before they are published.

General information, not legal advice for your situation. About Pandas LP · Speak to a lawyer.

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