Conciliation Is Mandatory, and Useful
For most civil and commercial claims Colombian law requires an attempt at conciliation before a suit can be filed, conducted before an authorised centre or official and evidenced by a certificate. Without that certificate the claim is not admitted.
Treated properly it is an opportunity rather than a delay. The debtor is required to engage at a stage when nobody has yet spent money on litigation, and a conciliated agreement carries the force of a judgment - meaning that if the debtor later defaults on the agreed terms, you proceed directly to enforcement rather than starting a case.
Executive Process on a Título Ejecutivo
Where the debt is documented by a título ejecutivo - a document that is clear, express and enforceable, such as a signed acknowledgement, a pagaré or in defined circumstances an accepted invoice - the proceso ejecutivo is available. The court orders payment and can order attachment, with the debtor's grounds of opposition confined.
This is why the conciliation stage matters more than it appears: a signed conciliation agreement is itself a título ejecutivo. A creditor who arrives at conciliation with a clear proposal and leaves with a signed instrument has converted an ordinary invoice claim into an executive one without litigating at all.
The Superintendency of Companies
Colombia grants the Superintendency of Companies judicial functions over defined commercial matters, including insolvency and certain corporate disputes. For a creditor facing a distressed debtor, that route can be materially faster than the ordinary civil courts and is staffed by specialists in company matters.
Whether it is available depends on the nature of the claim and the debtor's situation, and it is an assessment worth making early rather than defaulting to the civil courts.
Periods Depend on the Document
Limitation turns on the instrument relied on, with actions on negotiable instruments subject to shorter periods than ordinary commercial obligations. A pagaré left unenforced can lose its executive character while the underlying obligation remains actionable by an ordinary route - the same pattern seen across the region, and the same reason aged files should be assessed rather than assumed.
How Long Does a Colombian Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Formal demand Written demand, negotiation | 3–5 weeks | Low |
| Conciliation Mandatory stage, certificated | 1–3 months | Low |
| Proceso ejecutivo Where an executive title exists | 1–2 years | Medium |
| Ordinary proceedings Where none does | 2–4 years | High |
| Enforcement Attachment and realisation | 6–15 months | Medium |
How Does SXB Global Handle a Colombian Case?
We prepare for conciliation as the decisive stage rather than a procedural box, because a signed agreement there is worth more than a judgment two years later - and it is itself enforceable. Where the debtor is distressed we assess whether the Superintendency route is open. 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.