Electronic Invoicing Settles the Facts
Chile requires commercial invoices to be issued electronically through a system operated by the tax authority, with issuance and - critically - the buyer's acceptance or rejection recorded within statutory periods.
The consequence for a creditor is unusual and valuable. A buyer who received an electronic invoice and did not reject it within the period allowed has considerable difficulty later asserting that the goods were never delivered or the price was never agreed. The documentary battle that consumes months in most jurisdictions is, on a properly issued Chilean invoice, largely pre-decided.
Executive Proceedings
Where the claim rests on a document that qualifies as a merit title - which an accepted electronic invoice may, alongside instruments such as a pagaré - the juicio ejecutivo is available. The court orders payment and embargo, and the debtor's grounds of opposition are limited by statute rather than open-ended.
Where no such title exists, ordinary proceedings apply and the claim must be proved conventionally. Establishing which category your file falls into is therefore the first assessment, and in Chile the answer is frequently better than the creditor expects.
Commercial Default Records
Chile maintains commercial default registries consulted routinely by banks, suppliers and counterparties. An entry restricts credit and is commercially costly for an operating company, and the prospect of one carries real weight in a pre-legal negotiation.
Because the registry mechanism is well understood by Chilean businesses, a demand that accurately explains the consequence - without exaggerating it - tends to be taken seriously by a finance department in a way that a generic reminder is not.
Periods Vary by Instrument
Limitation depends on the nature of the obligation and the document relied on, with executive actions subject to shorter periods than ordinary ones. A title that has lost its executive character may still support an ordinary claim, so an aged Chilean file is worth assessing rather than abandoning - but the faster route may already have closed.
How Long Does a Chilean Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Formal demand Written demand with registry consequence set out | 2–5 weeks | Low |
| Juicio ejecutivo Where a merit title exists | 6–14 months | Medium |
| Ordinary proceedings Where none does | 1–3 years | High |
| Enforcement Embargo and realisation | 4–10 months | Medium |
How Does SXB Global Handle a Chilean Case?
We check the electronic invoice record first - whether it was issued correctly and whether the buyer accepted or failed to reject it in time. That determines both the strength of the claim and which procedure is available, and it is a check that costs nothing and frequently resolves the case. Where legal proceedings become appropriate, SXB Global coordinates the instruction of appropriately authorised local counsel. Legal services are provided by the relevant independent legal professionals.