How to Sue Someone in Colombia: A Practical Guide to Civil Litigation

Introduction: Can You Sue Someone in Colombia?

If someone owes you money, breached a contract, or caused you harm, you may be wondering how to sue in Colombia. The honest answer is that you can, but the path requires a deep understanding of Law 1564 of 2012 (the Colombian General Code of Procedure) and its complementary rules. At LegalDiligence Medellín, as a firm of civil litigation lawyers, we explain the general landscape so you understand what filing a civil lawsuit means and what to consider before taking the step.

What Does It Mean to Sue in Colombia?

To sue is to exercise the right of action before a judge to claim recognition or protection of a right. In civil matters, the process is governed by the General Code of Procedure (Law 1564 of 2012), which replaced the old procedural code and introduced an oral, hearing-based system that is more concentrated and supported by electronic means.

There are several types of proceedings depending on what you seek:

• Declaratory proceedings (verbal and summary verbal): whether a right exists, such as civil liability or contractual breach.
• Enforcement proceedings: to collect an obligation already evidenced in a document, such as a promissory note or an invoice.
• Liquidation and other proceedings: for dissolving or distributing assets.

Choosing the correct proceeding is a strategic decision that shapes the entire case. Many people try to collect with a document that does not carry enforceable merit and end up in the wrong lane.

Why Does It Matter to Know How to Sue?

Understanding how to sue in Colombia is not a technicality: it is what separates a successful claim from an inadmissible or rejected one. The complaint must meet formal requirements and be accompanied by the evidence and the proper power of attorney. A mistake at this stage can cost months and money.

Moreover, most civil matters require exhausting extrajudicial conciliation as a procedural requirement before suing, under the Conciliation Statute (Law 2220 of 2022), which repealed the former Law 640 of 2001. Suing without this step can lead to dismissal of the complaint. That is why having a team that masters these alternative mechanisms is essential.

The General Process (Without Strict Steps)

Civil litigation in Colombia is predominantly oral: decisions are made in hearings, under the principles of immediacy, concentration, and procedural loyalty. In a verbal proceeding, the case is structured around two main hearings, the initial and the instruction-and-judgment hearing (Articles 372 and 373 of the CGP).

In general terms, the case moves as follows:

• The complaint is filed before the competent judge, with its annexes and evidence.
• The judge admits, rejects, or requires corrections to the complaint depending on whether it meets the requirements.
• The defendant is notified and may answer, raise defenses, or counterclaim.
• Hearings are held where evidence is produced and a judgment is issued.
• Appeals, and exceptionally cassation, may be filed against the judgment.

This is not a checklist you can execute mechanically: each stage demands timely decisions, evidence management, and argumentation. At LegalDiligence Medellín we design the litigation strategy that best fits your case and prevent the process from derailing due to a formal oversight.

Common Mistakes When Suing in Colombia

We know firsthand the pitfalls that most often destroy claims. The most frequent are:

• Filing complaints with formal defects that cause inadmissibility or rejection: missing annexes, invalid power of attorney, or facts not tied to the legal right.
• Failing to submit evidence with the complaint or the answer, losing the procedural window to do so in time.
• Missing hearings, which can trigger serious evidentiary consequences, even fictional confession.
• Confusing declaratory with enforcement proceedings, or trying to collect with a document that lacks enforceable merit.
• Letting the statute of limitations run out. After Law 791 of 2002, enforcement actions prescribe in 5 years and ordinary actions in 10 (Article 2536 of the Civil Code). Filing a complaint interrupts the limitation, but acting late is fatal.
• Suing without exhausting prior conciliation when it is a procedural requirement, leading to dismissal.

If you already face any of these scenarios, a consultation with a litigation attorney in Colombia who knows how to sue may save your claim before it is too late.

Frequently Asked Questions

How long do I have to sue?

It depends on the type of action. As a general rule, ordinary actions prescribe in 10 years and enforcement actions in 5 (Article 2536 of the Civil Code, as amended by Law 791 of 2002). But other matters have shorter deadlines, and caducity does not allow interruption or suspension. Verifying the exact deadline for your case is essential.

Is conciliation mandatory before suing?

In many civil matters, yes. Law 2220 of 2022 establishes extrajudicial conciliation as a procedural requirement in certain matters. A conciliation agreement carries res judicata effect and enforceable merit. Not all matters are conciliable, so it is wise to validate your case.

What do I need to file a complaint?

The complaint must meet the requirements of the CGP, and be accompanied by the evidence, the power of attorney, and required annexes. Depending on the case, precautionary measures will be requested to protect the right at issue. The detail of these documents and their correct structure is something a lawyer should review to avoid inadmissibility.

Can I sue a foreign company or an airline?

Yes, it is possible, but jurisdiction and rules may vary. If your case involves an airline, we recommend reviewing our guide on Colombia civil litigation for further context.

Have questions? Contact us for a personalized consultation.

At LegalDiligence Medellín we are a team of experienced lawyers in civil law, litigation, and alternative mechanisms. We know how to sue in Colombia and how to prevent your claim from being lost to a formal error. Calling at the right moment can be the difference between getting paid and getting nothing.