The Affidavit of Debt is a crucial legal document in Nigerian debt recovery proceedings, used when a creditor needs to formally establish the existence and details of a debt obligation. This sworn statement must comply with Nigerian federal and state laws, including the Evidence Act 2011, Oaths Act, and relevant Civil Procedure Rules. The document is typically used in court proceedings, formal debt collection processes, or when seeking judgment against a debtor. It must include specific details about the debt's origin, calculation of amounts owed, payment history, and current status. The Affidavit of Debt requires verification before a Commissioner for Oaths or Notary Public, making it a formal piece of evidence that can be presented in Nigerian courts. It's particularly important in cases where the debt is disputed or when formal legal proceedings are necessary for recovery.
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1. Formal Opening: States the deponent's full name, age, religion/oath, occupation, and address
2. Capacity Declaration: Establishes the deponent's relationship to the debt (creditor, authorized representative, etc.) and authority to make the claim
3. Debtor Information: Full details of the debtor including name, last known address, and any identifying information
4. Debt Origin: Explains how the debt originated, including date, initial amount, and purpose
5. Payment History: Details of any payments made, dates, and amounts
6. Current Debt Calculation: Clear calculation of current amount owed, including principal, interest, and any fees
7. Default Statement: Statement about when and how the default occurred
8. Demand History: Description of attempts made to collect the debt
9. Truth Declaration: Standard closing declaration affirming the truth of the statements
10. Jurat/Attestation: Official certification by authorized officer showing where and when the affidavit was sworn
1. Interest Calculation Method: Required when claiming ongoing interest, detailing the interest rate and calculation method
2. Assignment Details: Needed if the debt has been assigned or transferred from original creditor
3. Business Relationship: Required for business debts, detailing the business relationship between parties
4. Co-Debtor Information: Needed when there are multiple debtors or guarantors
5. Bankruptcy Declaration: Statement confirming no bankruptcy proceedings are known, if relevant
6. Statute of Limitations: Statement addressing time limitations when debt is older
1. Original Agreement: Copy of the original contract or agreement creating the debt
2. Account Statements: Relevant account statements showing debt history
3. Payment Records: Documentation of payments received and applied
4. Demand Letters: Copies of formal demand letters sent to debtor
5. Interest Calculations: Detailed breakdown of interest calculations
6. Assignment Documentation: If applicable, documents showing chain of title to the debt
7. Correspondence Log: Record of all relevant communications with debtor
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Debt Collection
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Relevant Teams
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Finance
Credit Control
Accounts Receivable
Collections
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Debt Recovery
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Debt Recovery Officer
Credit Manager
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