Unpaid invoices, loans and rent strain any business or household. Recovering what is owed is usually a matter of acting promptly, keeping good records and following the right steps in the right order.
Step 1: Gather the evidence
Before any demand is made, collect the documents that prove the debt:
- the contract, order, quotation or loan agreement;
- invoices, delivery notes and statements of account;
- emails, messages or letters in which the debtor acknowledges the debt or promises to pay; and
- a record of any part-payments.
Clear evidence shortens every later step, and a debtor who sees it is more likely to settle.
Step 2: Send a letter of demand
A letter of demand sets out the amount owed, how it arises, a deadline for payment and what will follow if payment is not made. A letter from an advocate is often enough on its own to prompt payment. It is also a formal requirement: a plaintiff must serve a letter of demand before filing a civil claim in the High Court, and proof of service is needed when the claim is filed.
Step 3: Negotiate a settlement
Many debtors are willing to pay but cannot pay at once. A negotiated settlement or repayment plan, recorded in writing and signed by both parties, can recover the money faster and more cheaply than litigation and can preserve a valuable commercial relationship. The agreement should state what happens if an instalment is missed.
Step 4: Go to court if you need to
If the debtor does not pay or respond, the claim can be taken to court.
- Small Claims Court: under the Small Claims Court (Limit of Jurisdiction) (Liquidated Claims) Rules, 2023, the Small Claims Court hears claims of up to K75,000. Its procedure is simpler and quicker than that of the higher courts.
- Subordinate Courts and the High Court: larger claims are heard in the Subordinate Courts or the High Court, depending on their value and nature. Commercial disputes may be heard in the Commercial Division of the High Court.
Step 5: Enforce the judgment
A judgment does not by itself put money in your account. If the debtor still does not pay, the judgment can be enforced through the court, for example by seizing and selling the debtor’s goods or by directing money owed to the debtor to be paid to you instead. Choosing the right method depends on what assets the debtor has.
Do not wait too long
Claims based on a contract must generally be brought within six years of the date the claim arose, under the limitation rules that apply in Zambia. Delay also makes recovery harder in practice: records go missing, and debtors move or run into further difficulty.
Claire & Partners recovers business and personal debts, from letters of demand to negotiated settlements and repayment plans. See our debt collection services.
This article is general information about Zambian law as at November 2026. It is not legal advice. For advice on your circumstances, book a consultation.
