How to File a Lawsuit in Colombia: A Guide to Civil Procedure Under the Código General del Proceso

What does it mean to file a lawsuit in Colombia?

Filing a lawsuit in Colombia means exercising the right of action before a judge of the Republic to obtain the protection of a right that has been violated. The Colombian legal system offers multiple procedural avenues, and choosing the correct one depends on the nature of the dispute, the amount in controversy, and the type of legal instrument available. The Código General del Proceso (Law 1564 of 2012) is the governing statute that regulates all civil, commercial, family, and agrarian proceedings, replacing the old Code of Civil Procedure to introduce an oral, hearing-based system.

If you are wondering how to file a lawsuit in Colombia, the first thing to understand is that there is no single procedure. The Colombian system classifies proceedings by purpose: declaratory (ordinary and summary verbal), enforcement, liquidation, and voluntary jurisdiction. Each has different rules, deadlines, and requirements. This article explains the fundamentals, but the guidance of a litigation attorney is essential to avoid mistakes that can cost you time and money.

Legal framework of Colombian civil procedure

The backbone of the Colombian procedural system is Law 1564 of 2012, known as the Código General del Proceso (CGP). This law repealed the former Code of Civil Procedure (Decree 1400 of 1970) and established a model of justice that is oral, hearing-based, concentrated, and heavily reliant on technology. The CGP is complemented by the Colombian Civil Code, which contains the substantive rules on obligations, contracts, and liability, and by special statutes such as Law 2220 of 2022 (Conciliation Statute), which regulates extrajudicial conciliation as a procedural requirement in certain matters.

Key provisions include Articles 372 and 373 of the CGP, which structure the two main hearings of the verbal process: the initial hearing (case management, issue framing, and evidence rulings) and the trial hearing (evidence taking, oral arguments, and judgment). The Civil Code, in turn, establishes in Article 2341 that anyone who causes harm to another through fault or wilful misconduct is obliged to compensate the victim, and Article 1613 defines damages as covering both actual loss (daño emergente) and lost profits (lucro cesante).

Why understanding the process matters

Understanding how to file a lawsuit in Colombia is not merely an academic exercise: choosing the wrong type of proceeding or submitting a complaint with formal defects can lead to its dismissal or the loss of your rights due to the statute of limitations. Colombia has a high rate of litigation, and municipal and circuit civil courts carry a significant caseload. This means that timelines can stretch if the proper procedure is not followed and requirements are not met from the initial filing.

Furthermore, in many cases extrajudicial conciliation is a mandatory prerequisite before going to court. Law 2220 of 2022 repealed the former Law 640 of 2001 and established new rules for conciliation. If you file a lawsuit without first attempting conciliation where it is required, the judge may dismiss the complaint outright. This makes having a specialized attorney not a luxury but a strategic necessity.

Types of proceedings: Which one is right for your case?

The CGP classifies proceedings into several categories. The most common in litigation practice are:

Declaratory proceedings (verbal and summary verbal)

This is the judicial avenue for disputing a right that is not contained in an enforceable instrument. It is used, for example, to claim damages for tort or breach of contract, to resolve property disputes, to demand specific performance of a contract, or to obtain the annulment of a legal act. The ordinary verbal proceeding applies to higher-value claims (over 40 times the current monthly minimum wage), while the summary verbal proceeding is used for smaller amounts and certain special matters.

Enforcement proceedings (proceso ejecutivo)

This applies when you have an enforceable instrument (título ejecutivo) containing a clear, express, and due obligation. Enforceable instruments include, among others, court judgments, promissory notes, bills of exchange, invoices, notarized deeds, and conciliation agreements. In this proceeding, the judge issues a payment order (mandamiento de pago) directing the debtor to pay within a specified period. If the debtor neither pays nor raises defenses, their assets can be seized and auctioned. It is important to note that enforcement actions have shorter limitation periods than ordinary declaratory actions.

Liquidation and voluntary jurisdiction proceedings

These proceedings are not meant to resolve a controversy per se, but rather to liquidate a marital partnership or an inheritance, or to handle matters such as the guardianship of assets or authorization to sell a minor's property. For more on these topics, see our article on Colombia civil litigation.

Common mistakes when filing a lawsuit in Colombia

Based on our experience handling civil lawsuits, these are the most frequent mistakes we observe in practice:

• Failing to meet the formal requirements of the complaint. Article 82 of the CGP requires that the complaint include the names of the plaintiff and defendant, their addresses, the facts, the legal grounds, the amount in dispute, the evidence, and the specific claims. Omitting any of these elements can lead the judge to reject the complaint, granting a five-day term to correct it. If not corrected, the complaint is dismissed.
• Confusing declaratory and enforcement proceedings. Many people attempt to initiate enforcement proceedings without a valid enforceable instrument, or vice versa. The result is wasted time and money, plus the possibility that the statute of limitations will expire.
• Failing to submit evidence with the complaint. In the verbal process, evidence must be submitted with the complaint or the answer. If not, the opportunity is lost, except in very limited circumstances (new facts, court-ordered evidence).
• Failing to request precautionary measures. If you file a lawsuit without requesting the attachment and seizure of the defendant's assets, the defendant may hide or transfer their property, leaving you with a favorable judgment but no assets to enforce against. Precautionary measures are a strategic tool that should not be underestimated.
• Not exhausting mandatory conciliation. As mentioned, Law 2220 of 2022 requires extrajudicial conciliation as a procedural prerequisite in conciliable civil and family matters. If you file a lawsuit directly, the judge will dismiss it.
• Ignoring the statute of limitations. Tort claims (extracontractual liability) prescribe in three years (Article 2356 of the Civil Code), while enforcement actions prescribe in five years for obligations contained in enforceable instruments. If you let these deadlines pass, you lose your right to sue.
• Failing to attend hearings. The Colombian oral system penalizes the absence of either party at hearings with serious consequences, such as adverse inference (confesión ficta) or early termination of the proceeding.

Frequently asked questions

How much does it cost to file a lawsuit in Colombia?

Costs vary depending on the type of proceeding, the amount in dispute, and the attorney's fees. They include court filing fees (when applicable), service of process expenses, costs for precautionary measures, expert reports, and professional fees. Only an attorney can calculate these costs accurately after reviewing your specific case.

How long does a civil lawsuit take in Colombia?

An ordinary verbal proceeding can take between one and three years in the first instance, depending on the court's caseload, the complexity of the case, and the parties' conduct. An enforcement proceeding is usually faster if the debtor does not respond, but it can be prolonged if defenses are raised or if the auction of assets becomes complicated.

Do I need a lawyer to file a lawsuit in Colombia?

Yes, with limited exceptions for small claims (matters of mínima cuantía not exceeding 40 times the current monthly minimum wage, where the plaintiff may appear in person). In practice, however, even in small claims cases it is advisable to have a lawyer who understands the technicalities of the CGP and can develop effective litigation strategies.

Can I sue someone who lives abroad?

Yes, but service of process must be carried out through letters rogatory (exhorto) or international judicial assistance, which can significantly extend the timeline. The procedural strategy changes substantially when the defendant is abroad and requires specialized advice. For more on this, see our guide on civil lawsuit Colombia.

Conclusion

Knowing how to file a lawsuit in Colombia requires understanding not only the procedural rules of Law 1564 of 2012, but also the substantive rules of the Civil Code, the procedural prerequisites of Law 2220 of 2022, and the particularities of each type of proceeding. The oral nature, concentration of proceedings, and immediacy of the current system demand rigorous preparation of every stage of the litigation.

At Legal Diligence Medellín, we have experienced litigation attorneys specializing in civil, commercial, family, and labor law. We analyze your case, design the most appropriate procedural strategy, and accompany you through every step, from pre-litigation conciliation to enforcement of the judgment. Do not risk your rights: a poorly filed lawsuit can cost you more than the proceeding itself.

Have questions? Contact us for a personalized consultation.