How to request a debt prescription in Colombia in 2025? Minjusticia explains step by step
The statute of limitations or maturity of debts in Colombia occurs when the creditor loses the possibility of carrying out collection actions on the amount or claiming the overdue amounts. The tool allows debtors to be free from paying their obligations.
It should be noted that the due date will be counted from the date on which the debt should have been paid.
The expiration or prescription of debts will be counted from the date on which the debt should have been paid. Photo: Getty Images/iStockphoto
However, please note that the law, which is prescribed in article 2536 of the Civil Code, stipulates the deadlines for collecting debts according to their type: civil debts have a term of 10 years, commercial and tax debts of 5 years, and securities and labor debts of 3 years. If after these dates the debt has not been collected in a timely manner, it will no longer be possible to do so.
In fact, if after the aforementioned time has ended, the person receives notifications about outstanding debts, the person can request the prescription or expiration of the same within an executive process, in which it is noted, through evidence, that the term has ended.
The debtor will have ten out of ten to request to allege the maturity of the debt before a judge. Photo: iStock
The maturity of the debt, regulated by the Colombian Civil Code, specifies the prescription periods and the procedures for making the request.
According to the Ministry of Justice, the statute of limitations may only be decreed by a judge when the debtor requests recourse.
According to the entity, the first thing the debtor must do to request the expiration or prescription of the debt is to start a process. This is done at the time he is notified of the amounts in arrears, at which point the person will have 10 days to present a document alleging the appeal.
To request the prescription of the debt, the debtor must begin a judicial process. Photo: iStock.
Some documents that you can provide to the claim are bank statements, contracts or any other document that demonstrates and details the expiration of the legal collection period.
It is worth mentioning that, although the statute of limitations prevents payment from being enforceable, it can be stopped if the debtor assumes responsibility for the debt or if the creditor files a legal claim.
The judge in charge of the case will inform the creditor so that within 10 days he can decide on the maturity of the debt and provide evidence in this regard. He will then call both parties to a hearing to review each party's justifications.
Both the debtor and the creditor must provide evidence of the statute of limitations on the debt. Photo: iStock
Once the evidence has been reviewed, a judgment will be issued and it will be decided whether the debt can still be collected or, on the contrary, payment can no longer be demanded.
Once the evidence has been reviewed, a hearing will be held to issue a ruling on the statute of limitations. Photo: iStock
In the latter case , the debtor's assets must be seized if the creditor has ordered the seizure.
It should be noted that claiming the tool does not mean that the debt disappears . The statute of limitations allows the report to remain on the credit history and continue to negatively affect the use of financial products.
Is a lawyer necessary during the process? According to the Ministry of Justice, in cases where the intervention of a lawyer is required, the person requesting the service must pay the professional's fees and this must be agreed upon between the client and the defender.
If the amount exceeds 40 minimum wages, the debtor must request a lawyer for the process. Photo: iStock
A lawyer will be needed in this process when the amount of money collected is greater than 40 legal minimum wages . If the amount is much lower, the prescription document can be presented directly by the person who filed the claim.
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Maria Juliana Cruz Marroquin
eltiempo
