Unpaid invoice or debt — Senegal: how to get paid

Overview: The Legal Framework for Debt Recovery in Senegal

Senegal is a member state of the Organisation for the Harmonisation of Business Law in Africa (OHADA), which means that debt recovery procedures are governed not only by national Senegalese law but primarily by OHADA Uniform Acts that apply uniformly across all 17 member states. The central text is the Uniform Act on Simplified Recovery Procedures and Enforcement Measures (AUPSRVE), revised and published in the OHADA Official Journal on 15 November 2023 and currently in force (version as of 2 July 2024, accessible on SenegalLII). Civil law in Senegal is additionally inherited from the French Civil Law tradition, supplemented by case law and customary law adaptations.

Debt recovery in Senegal follows a structured escalation: amicable reminder, formal notice (mise en demeure), and if necessary, judicial proceedings via the injonction de payer (payment order). Each step is described below.

The Steps to Recover a Sum Owed in Senegal

1. Amicable reminder — Informal contact (phone, email, letter) requesting payment.
2. Formal notice (mise en demeure) — A legally structured written demand that triggers default interest and establishes proof of the creditor's diligence.
3. Amicable negotiation or mediation — Optional but recommended before court, especially for larger commercial debts.
4. Judicial proceedings — Filing for an injonction de payer (payment order) before the competent court, under the OHADA AUPSRVE.
5. Enforcement — Once the order is enforceable, seizure of assets (saisie-attribution, saisie conservatoire, etc.) via a bailiff (huissier de justice).

The Amicable Reminder

Before any formal legal action, a creditor should attempt to recover the debt through informal contact. Although not legally mandatory in all cases, it is strongly advisable and often contractually required. In practice, payment delays in Senegal frequently exceed 60 to 90 days, particularly in B2B transactions and dealings with public administrations or large corporations.

What to do at this stage

• Send a written reminder by email or registered letter, clearly referencing the invoice number, amount, due date, and any applicable contract or purchase order.
• Attempt a phone call or meeting to understand the reason for non-payment (cash flow issue, dispute on quality, administrative blocking, etc.).
• Propose a payment schedule if the debtor is in financial difficulty, in order to preserve the commercial relationship while securing payment.
• Keep a written record of every contact attempt: these documents will be essential if the matter goes to court.

Practical note: Senegal introduced mandatory e-invoicing for all VAT-registered businesses under the 2025 Finance Bill (legally in force since 28 December 2024, pending the ministerial decree on technical implementation). Ensure your invoices comply with applicable invoicing regulations to avoid disputes about the validity of the underlying debt.

The Formal Notice (Mise en Demeure)

The mise en demeure is the formal, legally significant demand for payment. It is the gateway to late-payment interest and a prerequisite for judicial action. Under Senegalese and OHADA law, it signals that the creditor is serious and puts the debtor formally in default (en demeure).

What a valid mise en demeure must contain

• Full identification of the parties: full legal name, address, and capacity of both the creditor and the debtor.
• Precise description of the debt: invoice number(s), nature of the goods or services provided, original due date, and exact amount owed in CFA Francs (XOF).
• Legal basis: reference to the contract, purchase order, delivery note, or any agreement giving rise to the debt.
• Formal demand: a clear and unambiguous instruction to pay the full amount within a defined deadline (typically 8 to 15 days).
• Notice of legal consequences: a statement that failure to pay within the deadline will result in judicial proceedings and that late-payment interest will run from the date of formal default.
• Date and signature of the creditor or their authorised representative.

How to send it

• Send by registered letter with acknowledgement of receipt (lettre recommandée avec accusé de réception) to preserve proof of delivery.
• Alternatively, have it delivered by a bailiff (huissier de justice) for maximum legal effect, particularly for large amounts.
• You may also send a copy by email, but registered mail or bailiff service is the legally recognised method of proof.

Late-payment interest

Once the debtor is formally in default, late-payment interest begins to accrue. Under Senegalese law and the OHADA framework, late payments are subject to interest calculated at the legal rate of interest, without prejudice to any additional damages. The applicable legal rate is set by reference to BCEAO (Banque Centrale des États de l'Afrique de l'Ouest) rates. For the exact current rate, consult the BCEAO official website or the APIX (Agence de Promotion des Investissements). Contractual interest rates agreed upon between parties are enforceable, provided they do not exceed applicable usury limits.

The Judicial Procedure: Injonction de Payer (Payment Order)

The injonction de payer is the primary simplified judicial procedure for recovering commercial debts in Senegal. It is governed by Articles 1 to 18 of the OHADA AUPSRVE (revised 2023). It is a non-adversarial, expedited procedure allowing a creditor to obtain a court order without an adversarial hearing — the judge rules on a simple petition (requête).

Eligibility conditions

To use the injonction de payer, the claim must satisfy three cumulative conditions:

• Certain (certaine): the existence of the debt must be undisputed and evidenced by a written document (contract, invoice, acknowledgement of debt, commercial paper such as a bill of exchange or promissory note, etc.).
• Liquid (liquide): the amount owed must be determined or determinable in money.
• Due and payable (exigible): the payment date must have passed and the debtor must be in default.

Important: There is no minimum or maximum threshold specified under the OHADA AUPSRVE — the procedure applies regardless of the amount. However, for very small claims, a creditor should weigh the cost of proceedings against the amount recoverable.

Competent court

• Commercial disputes (B2B): The Tribunal de Commerce de Dakar has jurisdiction for commercial matters in the Dakar region. Other regional commercial courts exist in Saint-Louis, Thiès, and Ziguinchor.
• Civil / mixed disputes: The Tribunal de Grande Instance (TGI) (also referred to as Tribunal de Première Instance) is competent for non-commercial claims.
• The competent court is generally that of the debtor's registered address or place of business, or the court of the place where the obligation was to be performed, as determined by the applicable national procedural rules.

Step-by-step procedure

1. File a petition (requête) with the president of the competent court.

   The petition must include: identity of the parties, amount claimed (principal + interest + costs), legal basis of the claim, and all supporting documents (contract, invoices, delivery notes, prior correspondence, mise en demeure, etc.).

2. The judge rules within 3 days.

   The president of the court (or a delegated judge) issues the order within three days of being seized (AUPSRVE 2023, Art. 7). The procedure is ex parte — the debtor is not heard at this stage.

3. The order (ordonnance) is issued.

   If the conditions are met, the judge issues an order (ordonnance portant injonction de payer) specifying the amount the debtor must pay. If the petition is rejected (in whole or in part), the creditor may pursue the matter through ordinary adversarial proceedings.

4. Service of the order on the debtor.

   The order must be served (signifiée) on the debtor by a bailiff within three months of its issuance. The service document must, on pain of nullity, contain a summons to either pay the amount specified within 10 days, or file an opposition if the debtor wishes to contest (AUPSRVE 2023, Art. 8).

5. Debtor's response period: 15 days to file opposition.

   The debtor has 15 days from the date of service to file an opposition (opposition) before the court that issued the order (AUPSRVE, Art. 10). Opposition is the debtor's only available remedy at this stage.

   • If no opposition is filed: the creditor applies for the formule exécutoire (enforcement stamp) to be affixed by the court clerk, making the order immediately enforceable. Enforcement is carried out by a bailiff (huissier de justice).
   • If an opposition is filed: the case is converted into ordinary adversarial proceedings before the same court. The resulting judgment may be appealed within 30 days of notification (AUPSRVE, Art. 15).
6. Enforcement (voies d'exécution).

   Once the order carries the enforcement stamp, the bailiff may proceed with enforcement measures including: bank account seizure (saisie-attribution), attachment of movable assets (saisie-vente), or precautionary seizures (saisies conservatoires).

Key official legal reference

The full text of the AUPSRVE 2023 as applicable in Senegal is published on SenegalLII (senlii.org). OHADA case law and commentary are available at ohada.com and actualitesdroitohada.com.

Costs and Timelines

Important notes on costs:

• Court filing fees (frais de greffe) and bailiff tariffs in Senegal are set by regulatory texts. For the exact, current official tariff, contact the Greffe du Tribunal de Commerce de Dakar directly, or consult APIX.
• Lawyer's fees (honoraires d'avocat) are freely negotiated in Senegal. Many debt recovery lawyers work on a contingency fee basis (a percentage of the recovered amount), which can reduce upfront costs for creditors.
• If the creditor obtains a favorable judgment, the court may order the debtor to pay the creditor's legal costs (dépens), but this is at the court's discretion and recovery is not guaranteed.
• For very small amounts, weigh litigation costs against the amount recoverable before proceeding to court.

FAQ

Is a lawyer mandatory to file an injonction de payer in Senegal?

No. Under the OHADA AUPSRVE, legal representation is not strictly mandatory to file a petition for an injonction de payer — the procedure is specifically designed to be simple and accessible. However, engaging a lawyer (avocat or conseil juridique) is strongly recommended, especially for amounts above XOF 500,000 or where the factual or legal situation is complex. A lawyer ensures the petition is properly drafted, the supporting documents are complete, and the enforcement steps are executed correctly. Errors in the petition can lead to rejection by the judge, wasting time and money. You can find vetted Senegalese lawyers specialising in debt recovery through the Barreau du Sénégal (barreausenegal.com).

What happens if the debtor is insolvent or in a formal insolvency procedure?

If the debtor is subject to a collective insolvency proceeding (receivership — redressement judiciaire, or liquidation — liquidation des biens), the rules change significantly. Insolvency and bankruptcy procedures in Senegal are governed by the OHADA Uniform Act on Collective Proceedings for Wiping Off Debts (AUPCAP), revised in 2015. Once an insolvency proceeding is opened, individual creditor actions are generally suspended (suspension des poursuites individuelles), and creditors must declare their claim (déclaration de créance) to the court-appointed administrator or liquidator within the legally prescribed deadline (generally 30 to 60 days from publication of the opening judgment). Failure to declare in time may result in the claim being barred. In such cases, consult a lawyer immediately upon learning of the debtor's insolvency.

Can I recover a debt from a Senegalese public administration or state entity?

Recovering debts from Senegalese public bodies (ministries, public agencies, state-owned enterprises) is significantly more complex than B2B commercial recovery. The OHADA AUPSRVE explicitly excludes from its scope seizure procedures and specific procedures provided by each member state's law for the recovery of public receivables. In practice, enforcing a judgment against a Senegalese public authority requires navigating specific public law rules — direct seizure of public property is generally prohibited. The recommended approach is: (1) formally declare your claim to the relevant ministry or public entity; (2) escalate to the Contrôleur des Opérations Financières (COFI) or the Ministère des Finances; and (3) if necessary, pursue the matter before the administrative courts (Conseil d'État for disputes against the State). Payment delays by public administrations in Senegal are particularly common and can exceed several months or years in complex cases.

What is the statute of limitations for debt recovery in Senegal?

The statute of limitations depends on the nature of the debt and the applicable law. As a general rule:

• Commercial debts (between businesses): the OHADA framework and Senegalese commercial law generally apply a 5-year limitation period for commercial obligations from the date the debt became due.
• Civil debts: Senegalese civil law, largely modelled on the French Civil Code, provides for a general limitation period that may vary depending on the nature of the claim.
• Promissory notes and bills of exchange (effets de commerce): governed by the OHADA Uniform Act on Commercial Law, with specific, shorter prescription periods.

Because Senegalese limitation rules involve nuances depending on the type of creditor, debtor, and underlying obligation, and because the running of the limitation period can be interrupted or suspended, you should verify the applicable period with a qualified Senegalese lawyer before taking any step, and act promptly once a debt falls overdue. Do not delay — once the limitation period expires, the claim becomes unenforceable. For official verification, consult the Ministère de la Justice du Sénégal or a member of the Barreau du Sénégal.