This page is for foreign individuals and companies that need to sue someone in Colombia or collect money owed there: an unpaid invoice, a debt, a breached contract or damages.
Colombian statutes have no official English version. The law is quoted in Spanish, as published; the bracketed English wording is an unofficial translation.
Can a foreigner sue in Colombia? Articles 100 and 229 of the Constitution
Article 100 of the Constitution provides: «Los extranjeros disfrutarán en Colombia de los mismos derechos civiles que se conceden a los colombianos» [Foreigners shall enjoy in Colombia the same civil rights granted to Colombians]. The same article allows the law, for reasons of public order, to subject certain civil rights of foreigners to special conditions or to deny their exercise. Article 229 protects «el derecho de toda persona para acceder a la administración de justicia» [the right of every person to access the administration of justice]. Under Article 73 of the General Code of Procedure (Código General del Proceso, CGP), parties appear in court through a legally authorized lawyer, except where the law allows them to intervene directly.
Acting through a Colombian lawyer: the power of attorney
Under Article 74 of the CGP, a special power for one or more proceedings may be granted by private document, with the matters specified and clearly identified, and for judicial purposes must be presented in person by the grantor before a judge, a court support office or a notary. It may be executed abroad before a Colombian consul or the official authorized by local law; in the latter case it is authenticated as Article 251 provides. For any judicial action, Article 5 of Law 2213 of 2022 also allows special powers «mediante mensaje de datos, sin firma manuscrita o digital, con la sola antefirma» [by data message, without a handwritten or digital signature, with only the signer’s name block], presumed authentic and without personal presentation, subject to the email requirements of that article. Our page on the power of attorney for Colombia covers each route.
Which Colombian court hears the case: Article 28 of the CGP
Article 28(1) provides: «En los procesos contenciosos, salvo disposición legal en contrario, es competente el juez del domicilio del demandado» [In contentious proceedings, unless the law provides otherwise, the judge of the defendant’s domicile has jurisdiction]. With several defendants or domiciles, the plaintiff chooses among them. If the defendant has no domicile in Colombia, the judge of the defendant’s residence is competent; if there is no residence in Colombia either, or it is unknown, the judge of the plaintiff’s domicile or residence.
Under Article 28(3), in proceedings arising from a legal transaction or involving enforceable titles, the judge of the place of performance of any of the obligations is also competent, and «La estipulación de domicilio contractual para efectos judiciales se tendrá por no escrita» [A contractual stipulation of domicile for judicial purposes shall be deemed not written]. Under Article 28(5), a legal entity is sued before the judge of its principal domicile; in matters linked to a branch or agency, the judge of the branch or agency is also competent. Under Article 28(6), in non-contractual liability claims the judge of the place where the event occurred is also competent.
Conciliation before suing: Law 2220 of 2022
Under Article 68 of Law 2220 of 2022, if the civil matter is capable of conciliation, out-of-court conciliation at law must be attempted before going to the civil courts «en los procesos declarativos, con excepción de los divisorios, los de expropiación, los monitorios que se adelanten en cualquier jurisdicción y aquellos en donde se demande o sea obligatoria la citación de indeterminados» [in declaratory proceedings, except partition and expropriation proceedings, payment-order (monitorio) proceedings in any jurisdiction and those in which unidentified persons are sued or must be summoned]. It is also not required for the restitution of leased property or the cancellation, replacement and recovery of negotiable instruments (CGP, Articles 384 and 398).
Under paragraph 2 of Article 67, the claim may be filed without conciliation when the plaintiff declares under oath that he or she does not know the defendant’s domicile, dwelling or workplace, or that the defendant is absent and his or her whereabouts are unknown, or when the plaintiff is a public entity. Under paragraph 3, in any proceeding and before any jurisdiction, the plaintiff may go directly to the judge when interim measures are requested (also CGP, Article 590, paragraph 1). Under Article 70, the requirement is met if the hearing is held without agreement, if the parties or one of them fail to appear, or if three (3) months have passed since the request, or its extension, was filed without the hearing being held for any reason. Under Article 71, without proof of conciliation the judge declares the claim inadmissible; proof may be provided within the period to correct it, failing which the claim is rejected.
Collecting a debt with an enforceable title: the executive proceeding
Article 422 of the CGP provides: «Pueden demandarse ejecutivamente las obligaciones expresas, claras y exigibles que consten en documentos que provengan del deudor o de su causante, y constituyan plena prueba contra él» [Obligations that are express, clear and due, and that appear in documents originating from the debtor or its predecessor and constituting full proof against the debtor, may be enforced through executive proceedings]. The article adds obligations arising from court judgments and decisions and other documents the law indicates. Under Article 430, on a claim filed with such a document, the judge issues an enforcement order (mandamiento ejecutivo) to perform in the form requested, if appropriate, or in the form the judge considers lawful. Under Article 431, a liquid sum of money is ordered paid within five (5) days, with interest from when it became due; if the obligation was agreed in foreign currency, payable in Colombian legal tender at the rate in force on payment, the order is issued «en la divisa acordada» [in the agreed currency]. Under Article 599, the creditor may request attachment and seizure of the debtor’s assets from the filing of the claim, and the judge may limit them to what is necessary.
Article 772 of the Commercial Code, as amended by Article 1 of Law 1231 of 2008, provides: «Factura es un título valor que el vendedor o prestador del servicio podrá librar y entregar o remitir al comprador o beneficiario del servicio» [An invoice is a negotiable instrument that the seller or service provider may issue and deliver or send to the buyer or recipient of the service]. Under Article 793, «El cobro de un título-valor dará lugar al procedimiento ejecutivo, sin necesidad de reconocimiento de firmas» [Collection of a negotiable instrument gives rise to executive proceedings, without acknowledgment of signatures]. But Article 774, also amended by Law 1231, adds requirements to those of Article 621 of the Code and Article 617 of the Tax Statute, and provides: «No tendrá el carácter de título valor la factura que no cumpla con la totalidad de los requisitos legales señalados en el presente artículo» [An invoice that does not meet all the legal requirements set out in this article shall not be a negotiable instrument]. The underlying transaction remains valid. Without an enforceable title, the claim goes through a declaratory proceeding, subject to the conciliation rules above.
Documents from abroad and foreign judgments
Under Article 251 of the CGP, documents in another language can be assessed as evidence only with a translation by the Ministry of Foreign Affairs, an official interpreter or a translator appointed by the judge. Public documents executed abroad by a foreign official or with that official’s intervention «se aportarán apostillados de conformidad con lo establecido en los tratados internacionales ratificados por Colombia» [shall be submitted with an apostille in accordance with the international treaties ratified by Colombia]; if the country is not a party, they are authenticated by the Colombian consul or diplomatic agent there or, failing that, by that of a friendly nation.
Judgments and other decisions of that nature issued by foreign authorities have in Colombia the force granted by the treaties with that country or, failing a treaty, the force that country gives to Colombian judgments (CGP, Article 605). Article 606 requires, among other things, that the judgment be final under the law of the country of origin and filed in a duly legalized copy, not be contrary to Colombian public order laws, except procedural ones, not concern a matter of exclusive Colombian jurisdiction or rights in rem over property located in Colombia when the foreign proceeding began, that no Colombian proceeding be pending and no final Colombian judgment exist on the same matter, and that exequatur be granted. Under Article 607, exequatur is sought from the Civil Cassation Chamber of the Supreme Court of Justice, unless a treaty assigns another judge; if exequatur is granted and the judgment requires enforcement, the competent judge under the general rules hears it. For arbitral awards, Article 605 provides: «El exequátur de laudos arbitrales proferidos en el extranjero se someterá a las normas que regulan la materia» [Exequatur of arbitral awards issued abroad shall be subject to the rules governing that matter].
How ADALET LEGAL works on your claim
We first review your contract, invoices, correspondence or judgment, and who and where the debtor is. We then explain which proceeding the law allows, whether conciliation comes first, which judge is competent and which documents need an apostille and translation. We prepare the power of attorney and report on each step. We make no promises about results or timeframes. Our fees are agreed in writing before we begin.
Frequently asked questions
Can a foreigner sue someone in Colombia?
Yes. Article 100 of the Constitution gives foreigners the same civil rights as Colombians, subject to the limits the law may set for reasons of public order. Under Article 73 of the CGP, they appear through a lawyer unless the law allows otherwise.
Can I sign a power of attorney for a Colombian lawsuit from abroad?
Yes, before a Colombian consul or the official authorized by local law (CGP, Article 74), or by data message (Law 2213 of 2022, Article 5).
Where do I sue a Colombian company?
Before the judge of its principal domicile, or also of its branch or agency for matters linked to it (CGP, Article 28(5)). In proceedings arising from a legal transaction or involving enforceable titles, the judge of the place of performance of any obligation is also competent (Article 28(3)).
Is conciliation mandatory before suing in Colombia?
In civil declaratory proceedings on matters capable of conciliation, yes, with the exceptions in Articles 67 and 68 of Law 2220 of 2022, such as when interim measures are requested.
Can I collect an unpaid invoice in Colombia?
Yes. If the invoice meets all the requirements of Article 774 of the Commercial Code, it is collected through executive proceedings (Articles 772 and 793). Otherwise, the debt may be claimed in a declaratory proceeding.
Is a foreign judgment enforceable in Colombia?
It has the force given by treaties or, failing one, the force that country gives to Colombian judgments (CGP, Article 605), and it takes effect only if it meets Article 606, including exequatur before the Supreme Court of Justice, unless a treaty assigns another judge (Article 607).
Contact us
Send us by WhatsApp a short description of the claim, the debtor’s name and city if you know them, and the documents you have. We will tell you which ones we need to review first.
Related pages
Debt recovery in Colombia · Commercial law attorneys in Colombia · Power of attorney for Colombia · Colombian lawyer for clients abroad · Litigios y métodos MASC · Recuperación de cartera