Executory Proceedings in Colombia: How to Collect a Debt With an Enforceable Title

## What is an enforceable title?

To start an executory proceeding you need an enforceable title (título ejecutivo): a document proving a clear, express, and due obligation.

The following count as enforceable titles: - Checks, promissory notes, bills of exchange (negotiable instruments) - Final court judgments - Conciliation agreements - Contracts with acceleration clauses that have been triggered - Debt statements certified by financial institutions - Documents with an acknowledged signature

Steps in an executory proceeding

1. Filing the claim Filed before the Civil Circuit Judge or the Municipal Civil Judge, depending on the amount involved. Must include the enforceable title and a request for precautionary measures.

2. Order issuing the payment demand If the judge accepts the claim, they issue a payment demand ordering the defendant to pay the debt.

3. Notice and objections The defendant is notified and has 10 days to raise objections on the merits (payment already made, statute of limitations, offset, etc.)

4. If there are no objections The process moves forward to the auction of the seized assets.

5. If there are objections They're forwarded to the plaintiff and the judge decides in a ruling.

Precautionary measures

From the start, the plaintiff can request: - Seizure of bank accounts: very effective and fast - Wage garnishment: up to 50% of the amount exceeding 2 minimum wages - Seizure and recording of real estate - Seizure of vehicles

Seizure before the payment demand is possible in some cases (an urgent precautionary measure).

Auction of assets

If the defendant doesn't pay after the seizures, the assets go to judicial auction (public sale). The proceeds go toward the debt, interest, and court costs.

How long does the process take

• Executory proceeding with no objections: 3 to 8 months
• With objections: 8 to 18 months
• If there's an auction: add 4 to 12 months

Interest in the executory proceeding

The debt accrues late-payment interest from the due date until it's paid. The judge also orders the losing defendant to pay court costs.

Expiration of the title

Enforceable titles expire: - Bills of exchange and checks: 3 years - Promissory notes: 3 years - Negotiable-instrument actions: 1 to 3 years depending on the type - Judgments: 5 years to enforce them

If the title expires, it loses its enforceable force and you must start an ordinary proceeding to have the right declared.

Do you have a bounced check, an overdue promissory note, or a documented debt that hasn't been paid? We can guide you through the process to recover your money and the best strategy for precautionary measures.

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