In most communities in Africa, the police is the debt collector and you go to report people who owe you but have refused to pay. Most often, what happens is that, the police may arrest the person and ask them to make payment or risk prosecution.
This is method I must say has been working quite efficiently and most often family and friends will come together to settle the debt as soon as possible to free their loved one.
But is it the right thing to do? Does the law back such behavior of the very enforcers of the law? Well that’s the focus of this article. Keep reading to know the answer.
The law on reporting a debtor to police
The law limits the police to the enforcement of criminal law as they’re mandated to maintain law and order. As such, they have no place in civil issues and the process.
The question that begs asking is, what percentage of police officers are aware of where the line is drawn between civil and criminal law? Most officers get lost when the line is quite thin.
Debt is a civil issue with the exception being debt actuated by fraud. Where fraud is involved, such defrauding by false pretenses, it is a case for the police to pursue. But, what if there is no fraud, especially where the debtor has made part payment? The police obviously will have to direct such a complainant that the appropriate action in pursuance of redress is civil court action.
The court will determine the case and make appropriate orders to address the issue including but not limited to ordering the liquidation of the assets of the debtor to settle the debt.
Now you know. Let’s uphold the law and stop using the police to pursue our personal endeavors which are beyond the mandate of the police.