There a many instances when someone would need to obtain a court order. However, the most common are in relation to bank transactions.

Where there has been an erroneous transfer of money via USSD/ Internet Banking or Mobile banking, the banks usually requires a court order to cause such monies to be returned into the proper accounts.

Many people do not know how to obtain a court order and so they are unable to continue whatever process they have started or some fall victim to charlatans and quacks who exploit them and do not get the job done.

As a Law firm, we get many instructions asking for court orders for a reversal of erroneous transfer of funds or such other issues. Below is our 7 step approach to obtaining a court order. If you would like our firm to assist you, kindly reach us on 08103118581 or send an email to adesile.pelicanpartners@gmail.com and we would be sure to assist you.

7 STEPS TO OBTAINING A COURT ORDER FOR REVERSAL OF FUNDS

STEP 1 - REPORT THE ERROR

This is the first and most important step in the process of obtaining the order. You must report the erroneous transfer at your bank and the bank that received the money. This ensures that the banks affected put a DND - Do Not Debit on the account where the money went to that the money cannot be withdrawn and the account abandoned. If the money is no longer in the account, such money cannot be reversed.

We always advise that this letter be done in writing or by email. This is to ensure that there is evidence of the date and time when the report was received by the affected banks. Where it is by letter, two copies of the letter should be printed. One would be given to the bank, the other would be date and time stamped by the bank and returned to you. This is called the acknowledgement copy. This letter should be dropped at the nearest branch of the banks affected. The letter would usually be taken to the customer service or branch manager who would then accept and date stamp the letter and return the acknowledgement copy. ENSURE THE LETTER IS DATE STAMPED BEFORE LEAVING. A sample of this letter to report an error is found at the top.

Please note that the letter need not be typed. A handwritten note, with a photocopy as acknowledgement copy would do. Most banks would help you make a copy of your handwritten letter when you ask politely.

STEP 2 - OBTAIN A STATEMENT OF ACCOUNT REFLECTING THE ERROR

This is done by applying in your name for a statement of account that covers the erroneous transaction. It should be the transaction for the particular date when the mistake was made. its not usually more than a page as you can ask the bank staff to narrow the statement of account to a particular period. This is usually done for a token fee deductible from the applicant's account

STEP 3 - ENGAGE A LAWYER TO PREPARE AND FILE THE NECESSARY COURT PROCESS

After serving the Banks the letter, you must engage a lawyer to help prepare and file the court papers that would eventually result i the court order you request. The lawyer would usually charge you some money for preparing and filing the court papers. However, engaging a lawyer need not be expensive PELICAN CREST LEGAL PRACTITIONERS offer clients a simple easy, timely and cost effective service. Please contact them on 08103118581 or adesile.pelicanpartners@gmail.com

STEP 4 - SERVE THE COURT PROCESSES ON THE BANKS CONCERNED

After the processes are filed in court, the case filed would be assigned to a court and to a judge who would then give a date when the application is to be heard. When a date is given, the bailiff of the court (the court courier company) would go and serve the court processes on the banks affected by the application. This is usually done for a token fee. Your lawyer would likely assist you in doing this.

STEP 5 - ATTEND COURT FOR THE HEARING OF THE APPLICATION FILED BY THE LAWYER

On the date fixed by the court or the hearing of the application as described in STEP 4, you would have to be present in the court premises to identify as the applicant. Your presence may sometimes not be necessary where the judge does not so demand. Your lawyer shall then inform the court of your application and ask the court for an order of reversal. Here the court would make an oral pronouncement of its order and the case would be concluded. Some lawyers may demand appearance fees which can vary from as low as 3,000 naira to as high as 20,000 naira. However, Pelican Crest Legal Practitioners are running a promo at the moment where you would not have to pay any appearance fees for the first three appearances.

STEP 6 - APPLY FOR A CERTIFIED TRUE COPY OR ENROLLMENT OF ORDER OF COURT

After the case is heard as in STEP 5, your lawyer shall apply for a written and documented copy of the oral order of the court that was pronounced. This would be typed out and signed by the judge who made the order. The Certified True Copy or Enrollment of Order comes at a token fee

STEP 7 - PRESENT THE CERTIFIED TRUE COPY OR ENROLLMENT OF ORDER TO THE BANK

Once the order is obtained, it would then be delivered to the bank and they shall begin the process of reversing the funds.