Notification of payment order
The deadline to propose exceptions is mandatory. Legal assistance in the first days after notification is decisive for the outcome of the process.
Executive Process Defense
We defend you when the bank has already sued. Exceptions, statute of limitations, promissory note nullities, garnishment release, and post-judgment principal reduction.
Contact UsExecutive Process Defense
Receiving notice of an executive proceeding is the most stressful moment for a debtor. The feeling is one of helplessness: the bank already has the executive title (typically a promissory note), the judge has issued a payment order, and a garnishment is already in effect. The good news is that most executive proceedings in Colombia have valid technical defenses that the debtor is unaware of and that a litigation lawyer can use to stop, modify, or renegotiate the execution.
The most common defenses include: prescription of the cambiary action (3 years for credit card promissory notes), payment, novation, set-off, lack of enforceability, formal defects of the executive title, abuse of right due to improper interest capitalization, and violation of Law 2300 of 2023 when there were collections outside hours or frequency. Each carefully argued exception can buy time, reduce the enforceable amount, or even end the process.
Beyond exceptions, the executive process opens a favorable negotiation window: the bank prefers receiving a discounted payment to continuing to invest in court fees and garnishment agents. We combine technical defense with post-lawsuit negotiation to achieve the best possible outcome — including the possibility of initiating an insolvency procedure that automatically suspends the executive process.
Problems We Solve
Salary, bank account, or vehicle garnishment
We request release or limitation of garnishments based on legal exemptions (part of salary, work assets) and substantive exceptions.
Promissory note with formal defects or improper capitalization
We audit the executive title to identify formal defects and review the interest liquidation, which is frequently abusive.
Potentially prescribed executive action
The cambiary action of the promissory note prescribes after 3 years, executive action in general after 5 years (art. 2536 CC). We verify exact dates to plead prescription when applicable.
Our Approach
1
File Study and Title Audit
We review the complete judicial file, audit the promissory note and interest liquidation, and verify each procedural milestone to identify all possible defenses.
2
Exceptions and Technical Defense
We timely propose the substantive and preliminary exceptions that apply: prescription, payment, novation, lack of enforceability, formal defects, abuse of right.
3
Post-Lawsuit Negotiation or Insolvency
While exceptions are processed, we open a negotiation channel with the bank for a favorable agreement. If negotiation does not progress, we evaluate initiating insolvency that suspends the executive process.
Frequently Asked Questions
How long do I have to respond to a payment order?
The deadline to propose exceptions is 10 business days from personal notification of the payment order, per article 442 of the General Code of Procedure. It is a mandatory deadline: if it expires without action, the opportunity for substantive defense is lost.
Can they garnish 100% of my salary?
No. Article 154 of the Substantive Labor Code establishes that the legal minimum monthly salary is unattachable, and only one-fifth of the excess over the minimum salary is attachable. For alimony debts the rules are different. We request release or reduction of excessive garnishments.
Does starting insolvency stop the executive process?
Yes. Admission to the insolvency procedure (Law 1564) automatically suspends executive processes against you and all ongoing garnishments. That is why, in some cases, evaluating insolvency in parallel with executive defense is the most effective strategy.
What happens if I lose the executive process?
If exceptions do not prosper, execution continues, which may culminate in auction of garnished assets. However, even after an unfavorable judgment there is room to negotiate post-judgment reductions, since the bank avoids auction costs. We also accompany you in that phase.
15+
Years of experience
500+
Clients served
98%
Satisfaction rate
24h
Response time
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