PRESCRIPTION PERIOD RELATED TO RECOURSE ON CHEQUES IN CAMEROON
The holder's right of recourse against endorsers, the drawer, and other liable parties is barred after six (6) months from the expiration of the presentation period.
The right of recourse of various liable parties against one another for the payment of a check is barred after six months from the day the liable party repaid the check or from the day they were themselves sued.
The holder's right of action against the drawee is barred after one (1) year from the expiration of the presentation period.
However, in the event of forfeiture or prescription, a right of action remains against the drawer who failed to provide funds or against other liable parties who may have been unjustly enriched.
The limitation periods for legal actions begin to run only from the day of the last legal proceedings. They do not apply if there has been a judgment or if the debt has been acknowledged by a separate instrument.
The interruption of the statute of limitations is effective only against the person against whom the interrupting act was performed.
However, the alleged debtors will be required, if requested, to affirm under oath that they are no longer liable, so that their surviving spouses, heirs, or assigns, presumed to be acting in good faith, will no longer owe anything.
PROTEST RELATED TO CHEQUES IN CAMEROON
The protest must be made by a notary or a bailiff at the domicile of the person to whom the check was payable, or at their last known address.
The protest document contains a verbatim transcription of the check and any endorsements, as well as a formal demand for payment of the check amount. It states the presence or absence of the person who owes payment, the reasons for refusal to pay, and the inability or refusal to sign. In the case of partial payment, it also states the amount paid.
Notaries and bailiffs are required, under penalty of damages, to record the protest and its date on the check, under their signature.
No action by the check holder can substitute for the protest document, except in the case provided for in Article 46 of the regulation concerning the loss of the check.
Notaries and bailiffs are required, under penalty of criminal sanctions, costs, damages, etc., to leave an exact copy of the protests. Under the same penalties, they are also required to deliver, against receipt, to the clerk of the court of the debtor's domicile, or to send him, by registered letter with acknowledgment of receipt, two exact copies of the protests, one of which is intended for the public prosecutor's office: this formality must be completed within fifteen days of the act.