Litigation in Colombia.

Frequently asked questions

What clients ask us most.

Don't see your question? Reach out and a specialist attorney responds within 24 business hours.

• 01

  How long does a judicial process take in Colombia?

  +

  Realistic averages: labor 18-30 months at first instance, civil 24-48 months, commercial 24-36 months, administrative-contentious 36-72 months. An appeal adds 12-24 months. Prior conciliation is mandatory only in some areas (among them civil and administrative). In administrative matters it is common for no agreement to be reached in the prior phase, but in civil matters conciliation is more frequent and can close the case in 30-60 days.
• 02

  When is arbitration preferable to the ordinary courts?

  +

  Submission to arbitration depends on the existence of a prior agreement between the parties (arbitration clause or submission agreement) and is usually agreed when the dispute involves a significant amount, requires a greater degree of technical specialization, demands a faster resolution or has international or confidentiality components. The ordinary courts, in turn, are the natural route to resolve disputes when there is no arbitration agreement. They generally involve lower costs than an arbitration tribunal and allow access to broad procedural mechanisms, such as precautionary measures, appeals and review of decisions by higher courts. However, resolution times tend to be longer due to court congestion and the very structure of the process.
• 03

  What is a precautionary measure and when should you request it?

  +

  A preventive judicial measure to secure the outcome of the process: attachment, sequestration, registration of the claim (lis pendens), prohibition to dispose, and innominate measures, among others. They are generally requested at the start of the process and, in some cases (proven urgency), before filing the claim, without prejudice to being requested at any procedural stage. In some cases they require a bond (guarantee), which may be an insurance policy, cash or a bank guarantee, for them to be carried out.
• 04

  How is an obligation enforced through enforcement proceedings?

  +

  Enforcement proceedings apply when there is an instrument that has enforceable merit (for example, a judgment, a contract, a promissory note, an invoice or a conciliation record containing a clear, express and enforceable obligation). Their purpose is to obtain forced payment through measures such as the attachment and sequestration of the debtor's assets, bank accounts, rights or income, in order to subsequently proceed with their appraisal and eventual auction. If the debtor has identified assets and sufficient patrimonial capacity, collection may be achieved in approximately 6 to 12 months. When asset-investigation work is required or the assets are difficult to realize, the process can extend to between 18 and 30 months or more. The debtor's insolvency, the existence of preferred guarantees or the absence of attachable assets can affect or prevent the effective recovery of the credit.
• 05

  What should I do if I receive a lawsuit or a judicial or administrative notice?

  +

  First: contact a lawyer to verify the validity of the notice, identify the type of action received and assess the most suitable defense strategy. To do so, it is essential to carefully review the claims, the facts and the supporting documents. Second: precisely identify the applicable terms and deadlines, since these vary depending on the type of process. Inactivity or a late response can generate adverse procedural consequences and significantly limit the defense options. Third: prepare a comprehensive response that includes the arguments of fact and law, the applicable defenses and the evidence needed to support the position taken. In many cases, an adequate defense strategy from the early stages of the process can be decisive for the final outcome of the matter.