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The short answer
The time limit for suing over an unpaid debt in Nigeria is set by the Limitation Law of the state where you sue, so it is not the same everywhere. Six years is the figure often quoted for contract claims, but in a 2024 case the Court of Appeal applied a five-year period under Delta State's law. A written acknowledgment of the debt or a part payment restarts the clock from that date.
Why the deadline matters
A limitation period is the time within which you must start a court case. If you file after it has run out, the debt is described as "statute-barred": the other side can ask the court to dismiss the claim without looking at whether the money is owed. The debt does not vanish morally, but your power to enforce it in court does. That is why an old IOU, an unpaid invoice or a friend's loan needs attention before the years slip by.
Which law applies
Nigeria does not have one limitation period for the whole country. Each state has its own Limitation Law, and the period for a contract or debt claim can differ between them, so where you sue matters.
Six years is not safe to assume
Many people have heard that you have six years to sue for a debt. That figure is widely quoted for contract claims, but we did not confirm it in a specific state law for this guide, and it is not universal. In Andy Surveys Co. (Nig) Ltd v Chevron (Nig) Ltd, decided by the Court of Appeal in Asaba on 28 June 2024 and reported by LawPavilion, the court applied a five-year period under the Limitation Law of Delta State to a claim for unpaid survey invoices. If you are near any deadline, check the law of the state where you will sue, with a lawyer or the court registry.
When the clock starts, and what restarts it
Time usually runs from the date the cause of action arose, for example when payment became due and was not made. The Andy Surveys case shows how that date can be argued over: the trial court held that time ran from 2014, when the work was done; the claimant argued it ran from a later demand.
The same case confirms the most useful rule for creditors. Under section 30(5)(a) of the Delta State Limitation Law, where the person liable acknowledges the debt or makes a payment, "the right shall be treated as having accrued on and not before the date of the acknowledgment or payment". In other words, a fresh acknowledgment or part payment starts the period again.
What counts as an acknowledgment
- It should be in writing. Arguments in the case, as summarised by LawPavilion, stressed that it must recognise the debt.
- It should be definite and unconditional. "I will pay if business picks up" may not be enough.
- A part payment, such as a transfer marked "part payment of loan", is strong evidence that the debt is owed.
- Keep the message, letter or bank statement showing it.
Worked example
Example only. A friend borrows ₦800,000 in March 2020, due in March 2021. In November 2023 she sends a WhatsApp message: "I know I still owe you the ₦800,000, I will pay." In February 2025 she transfers ₦100,000. Under a rule like Delta's, time would run again from February 2025, the latest payment. If the period in your state were five years, you would need to file before February 2030 for the remaining ₦700,000 (₦800,000 − ₦100,000).
Other deadlines that catch people out
| Route | Time rule | Source |
|---|---|---|
| Public Complaints Commission | May decline complaints made more than 12 months after the act complained of | PCC Act, section 6(1) |
| Lagos small claims court | Send a letter of demand first and allow 14 days to comply; claims up to ₦5,000,000 | Lagos Small Claims Practice Directions 2023 |
| Limitation for other claims | Different periods can apply to land, injury or claims against public officers | Check your state's Limitation Law |
Steps before your time runs out
- Work out the date payment was due and the date of any later acknowledgment or part payment.
- Send a written demand. Ask for payment or a signed acknowledgment of the amount.
- Choose your court: for smaller claims in Lagos, see how to sue in the small claims court.
- File before the deadline, with margin to spare.
- After judgment, enforcement is a separate step; garnishee proceedings under the Sheriffs and Civil Process Act let a court freeze and then release the debtor's funds held by a bank, as Sefton Fross explains.
Gather your records using evidence to gather in a payment dispute, and keep them in a form a court will accept; see screenshots and alerts as evidence. For bounced cheques, read cheque bounced: how to recover the money.
Where Pryme fits
A written trail is what keeps a debt alive. A transfer from a Pryme account, with a verifiable receipt generated through our partnership with VerifyDoc.ai, gives you a record of each payment that anyone can check is unaltered (receipts).
Questions people ask
How many years before a debt becomes statute-barred in Nigeria?
It depends on the state's Limitation Law. Six years is often quoted for contract claims, but the Court of Appeal applied five years under Delta State's law in 2024. Check the law where you will sue.
Does part payment restart the limitation period?
Under laws like Delta State's section 30(5)(a), a payment or acknowledgment means time runs again from that date, as the Court of Appeal applied in 2024.
Can I still sue for a loan I gave 7 years ago?
Possibly, if the debtor acknowledged it in writing or paid part of it more recently. Otherwise the claim may be statute-barred. Take legal advice quickly.
Is a WhatsApp message an acknowledgment of debt?
A clear written message recognising the debt can be. It should be definite and unconditional, and you should keep it in a form a court will accept.
Sources
- LawPavilion: when does the right of action to recover a debt accrue after acknowledgment or part payment? (Andy Surveys v Chevron, 2024) · accessed Oct 2026
- Public Complaints Commission Act (PLAC) · accessed Oct 2026
- Lagos State Small Claims Court Practice Directions (2023) · accessed Oct 2026
- Mondaq (Sefton Fross): understanding garnishee proceedings in Nigeria, 12 Sep 2016 · accessed Oct 2026
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