Hey there — JingJing here.

I’ve been sitting at my desk in长沙麓谷, sipping my third cup of tea this morning, thinking about a story that came across my feed last week. It wasn’t about Burkina Faso directly — but it could’ve happened to any of us.

A man from Jiangxi, China, sent over 10,000 CNY (about $1,400 USD) to a middleman for goods. He made a typo in the account number. The money landed in the account of a woman named Ye.

He noticed immediately. Texted her on WeChat. Apologized. Asked nicely. She agreed to return it. Sent back 1,800 CNY. Then… stopped.

He sued.

The court in Anyuan County ruled: “Even if you didn’t steal it, keeping money that isn’t yours is still unjust enrichment under Chinese civil law. You must return the full amount — plus interest for the time you held it.”

She cried, “I didn’t lie. I didn’t steal. Why should I pay interest?”

The judge didn’t yell. He just said: “Your silence is the debt.”

Why This Story Matters for You in Burkina Faso

Let me be real with you.

If you’re running a small import-export business in Ouagadougou, or leasing warehouse space in Bobo-Dioulasso, or paying a local agent for customs clearance — you’re not dealing with a system where every bank transfer is tracked, verified, and protected like in Singapore or Germany.

You’re dealing with:

  • Informal payment channels
  • Shared mobile money accounts
  • Paper receipts that vanish
  • Local partners who “forget” to reply to messages

And if something goes wrong?

You don’t get a judge who says, “You must return the money.”

You get silence.

Then maybe, months later, a lawyer says: “We can file an execution objection — but only if you have proof you owned the funds.”

That’s where things get sticky.

In Burkina Faso, the “objection à l’exécution” (execution objection) is a legal tool used when someone claims they’re not the debtor — or that the asset being seized isn’t theirs.

But here’s the catch: You need to prove it.

Not “I think…”
Not “I sent it last Tuesday…”
Not “She promised to return it…”

You need:

  • A clear payment trail (bank statement, mobile money receipt with timestamp)
  • Written communication showing the error (WhatsApp logs, email, signed acknowledgment)
  • Evidence the recipient knew it wasn’t theirs

Without those?

The court won’t care that you “meant well.”

What You Can Do — Right Now

Here’s what I’ve seen work for entrepreneurs on the ground — not from textbooks, but from real conversations with traders in Ouagadougou, Lomé, and even Dakar:

✅ 1. Treat every payment like a legal contract — even if it’s 200 USD

  • Always include:
    • Your full name
    • Your company name (even if unregistered)
    • Purpose: “Payment for 500kg maize, invoice #INV-2026-003”
    • Date and time
  • Use mobile money apps that allow notes (like Orange Money, MTN Mobile Money). Never just say “for goods.”

✅ 2. If money goes to the wrong account — act fast, and document everything

  • Send a message immediately:

    “Dear [Name], I mistakenly sent 150,000 XOF to your account. This was for [Company A]. Please return to [Your Account]. I’ve attached proof.”

  • Save screenshots.
  • If they reply, save it.
  • If they don’t reply? Send a second message. Then a third.
  • Then: Write a formal letter (even if hand-written) and get it witnessed by a third party — a shop owner, a local NGO worker, anyone.

✅ 3. If they refuse — start building your “evidence package” now

You won’t get a judge in Ouagadougou to magically “order” repayment. But you can use this:

  • The payment record (bank/mobile money receipt)
  • The message chain showing the error and request
  • A signed statement from a witness who saw you try to resolve it
  • A notarized affidavit (available at local notary offices — ask your local lawyer)

This isn’t about “winning.” It’s about proving you’re not the debtor — which is the core of an execution objection.

Say your warehouse is being seized because a local supplier claims you owe them 2 million XOF — but you paid them in full. You file an objection à l’exécution.

Now they have to prove you didn’t pay.

If you have your evidence? You win.

If you don’t? You lose.

🤔 FAQ: Common Questions from Entrepreneurs

Q: Can I file an execution objection in Burkina Faso if I’m a foreigner?

A: Yes — but you need a local representative. Here’s the path:

  1. Find a local lawyer licensed by the Barreau du Burkina Faso (Burkina Faso Bar Association).
  2. Prepare your evidence package (payment records, messages, witness).
  3. File the Requête en Objection à l’Exécution at the Tribunal de Grande Instance where the seizure occurred.
  4. Attend the hearing — or authorize your lawyer to represent you.
    📌 Key point: Foreigners can file, but local procedures require local representation.

Q: What if the person who received my money is in another country?

A: That’s harder — but not impossible.

  • If they’re in a country with a mutual legal assistance treaty (like France or Senegal), you can request cross-border enforcement.
  • If they’re in a non-cooperative jurisdiction? Focus on local remedies:
    • Freeze any assets they have in Burkina Faso
    • File a complaint with the Autorité de Régulation des Télécommunications if mobile money was used
    • Report to the Direction Générale des Impôts if they’re a registered business
      📌 Don’t chase them overseas — protect what’s here.

Q: How long does an execution objection take?

A: It varies.

  • Simple cases: 2–4 months
  • Complex ones (multiple parties, unclear ownership): 6–12 months
    📌 Pro tip: If you’re facing imminent asset seizure, ask your lawyer about filing a sursis à exécution (stay of execution) while the objection is pending. It’s not guaranteed, but it buys you time.

So What’s the Real Lesson?

This isn’t about China. It’s not even about Burkina Faso.

It’s about trust in a world where trust isn’t automatic.

I’ve talked to entrepreneurs who lost $10,000 because they trusted a “friend of a friend.”
I’ve talked to others who saved $50,000 because they saved every WhatsApp message and printed every receipt.

The difference?

One treated every payment like a handshake.
The other treated every payment like a notarized deed.

In places like Burkina Faso — where formal systems are slow, and informal ones are fragile — documentation isn’t bureaucracy. It’s your insurance.

You don’t need to be a lawyer.
You don’t need to speak French fluently.
You just need to be the person who writes things down — and keeps them safe.

✅ 3 Action Steps for You Today

  1. Go through your last 5 payments — do you have a clear record of who, when, why, and how? If not, update them now.
  2. Set up a digital folder (Google Drive or Dropbox) labeled “Payments & Disputes” — store receipts, messages, emails.
  3. Save this number: Add JingJing on WeChat — lvga2015.
    • I’m not a lawyer.
    • I don’t promise results.
    • But I’ve helped over 300 entrepreneurs sort through payment messes — and I’ll share what I’ve learned, no pressure.

🔗 延伸阅读

🔸 Chinese man mistakenly transfers over 10,000 CNY, recipient returns only part and refuses rest
🗞️ 来源: Nguoi Dua Tin – 📅 2025-10-26
🔗 阅读原文

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