Everything you should know before filing a lawsuit in Colombia

Thinking about taking legal action in Colombia? Whether you’re dealing with a civil dispute, a criminal case, or an issue with a government authority, this guide will walk you through the essentials of how to file a lawsuit in Colombia—clearly, step by step, and without legal jargon.

First, What Kind of Lawsuit Are We Talking About?

Before anything else, it’s important to know what type of case you’re dealing with. In Colombia, lawsuits can fall under several categories:

• Civil: like contract breaches, property issues, or damages.
• Criminal: such as fraud, assault, or theft.
• Administrative: complaints against government actions or public contracts.
• Labor: disputes between employers and workers.
• Family: including custody, divorce, or alimony claims.

Each follows its own process, but all require clear documentation and compliance with procedural rules.

 Colombia’s Legal System: Civil Law, Not Common Law

Unlike the U.S. or the U.K., Colombia follows a civil law system.  That means the law is based mainly on written codes (like the Civil Code, Commercial Code, and Criminal Code), not precedent. So, don’t expect your lawyer to say “there’s a case from 1999 that sets a precedent.” Instead, the judge will focus on interpreting written law—although high court decisions, especially from the Constitutional Court, can influence outcomes.

 Step-by-Step: How to File a Lawsuit in Colombia

1. Consult a Lawyer

Even if you’re familiar with legal systems in your home country, Colombian procedures are different. Having a local lawyer is essential, especially one who understands both the legal context and how things work in practice.

2. Gather Your Evidence

You’ll need documentation: contracts, emails, invoices, photos, police reports—anything that supports your case. Your lawyer will help determine what’s relevant.

3. Prepare the Complaint (Demanda)

This document states:

• Who you are suing and why
• What law applies
• What damages or remedy you’re seeking

Your lawyer will draft this using formal legal structure and references to the appropriate codes.

4. File the Claim in the Right Court

Which court? It depends:

• Civil or family: Local circuit court
• Criminal: Prosecutor’s Office (Fiscalía General)
• Administrative: Administrative tribunals or the Council of State

Filing is now digital in most cases, thanks to Decree 806 of 2020, which modernized judicial procedures.

5. Pay Filing Fees

Yes, there are court costs. The amount depends on the type and value of the claim. Your lawyer will guide you through payment and ensure the receipts are properly submitted.

6. Serve the Defendant

Once the claim is admitted, the court must formally notify the other party. In Colombia, proper notification is a strict requirement. If the defendant is abroad, international treaties like the Hague Service Convention apply.

7. Wait for the Response

Deadlines vary:

• Civil cases: usually 20 business days
• Administrative cases: 30 business days
• Criminal defense: up to 25 calendar days
• Tutela (urgent constitutional claims): only 48 hours!

8. Attend the Hearings

Colombian trials have two main stages: Written Stage All claims, counterclaims, and evidence are filed. Most communication happens via email or digital platforms. Oral Stage Two key hearings take place:

• A preliminary hearing (to address objections)
• A trial hearing (to present evidence and arguments)

Most hearings are virtual by default, unless the judge orders otherwise.

How Long Do You Have to File?

In Colombia, every type of legal action has a time limit—you can’t just sue whenever you feel like it. These statutes of limitation are strict, and if you miss them, you could lose your right to take legal action altogether. Here’s a breakdown:

• For civil claims, such as contract disputes or property issues, the general time limit is 10 years.
• If you’re trying to enforce a debt or a judgment (an executory proceeding), you have 5 years to act.
• For administrative cases—for example, challenging a government decision—the deadline can be as short as 6 months (especially if it’s against an administrative act), and up to 2 years for claims involving public contracts.
• In criminal cases, the deadline depends on the seriousness of the crime, but most range between 5 and 10 years.
• Tutela actions, which protect fundamental rights, are urgent by nature and should be filed as soon as the violation occurs—often within just a few days.

👉 Bottom line: Don’t wait too long. The sooner you speak to a lawyer, the better your chances of having your case admitted.

Where Do You File Your Complaint?

Here’s a quick guide to the right places, depending on your case:

• For criminal matters: – Fiscalía General de la Nación – Police (DIJIN, SIJIN) – GAULA (in cases of extortion or kidnapping) – CAPIV (for victims of violent crimes)
• For family/domestic violence: – Comisarías de Familia (Family Police Stations)
• For civil and labor claims: – Circuit courts or labor judges
• For administrative actions: – Administrative tribunals or the Consejo de Estado

 

Can You File Online?

Yes. Since 2020, most lawsuits in Colombia can be filed online. Here’s what you need:

• A digital copy of your claim
• Email addresses for all parties
• Your lawyer must file the claim via an authorized platform
• If the defendant doesn’t receive the claim via email, the case may be rejected, so service is crucial

Online trials are common, but you’ll need stable internet and access to a computer for hearings.  

❗What If You Live Outside Colombia?

You can still file a lawsuit. Most procedures can be handled remotely through:

• A power of attorney granted to your lawyer
• Email and virtual filing platforms
• International service protocols for defendants outside Colombia

 

 Common Questions

Can I file a lawsuit without a lawyer? Yes, but it’s strongly discouraged unless it’s a very minor claim (like in small claims court). Colombian procedures are formal and technical. How long does a lawsuit take? Depending on complexity, anywhere from 3 months (tutela) to 2–3 years (civil or criminal cases). Delays are common. Will I need to attend court in person? Most hearings are now virtual. You might only need to appear in person for final rulings or if ordered by the judge.

 Final Thoughts

Filing a lawsuit in Colombia is absolutely possible—whether you’re an expat, investor, business owner, or simply someone seeking justice. But it’s not always straightforward. A strong case starts with the right legal advice. At Nexo Legal, we help you navigate every step—clearly, efficiently, and with your goals in mind. Got questions about starting a legal case in Colombia? 📩 Reach out to our team. We’ll help you understand your options and build the right legal strategy.