Countries › Colombia › Guide › 14. Disputes › Commercial litigation in Colombia: courts, claim values, the one year rule, appeals, cassation and court costs

Commercial litigation in Colombia: courts, claim values, the one year rule, appeals, cassation and court costs

Last verified: 2026-10-26 · Status: Stable

Civil and commercial cases go to municipal or circuit civil judges depending on the claim value, measured in monthly minimum wages: up to 40 (COP 70,036,200 in 2026) is minor, above 150 (COP 262,635,750) is higher value and starts before a circuit judge. The Código General del Proceso runs an oral procedure with a 20 day defence period, two hearings and a one year limit to issue the first instance judgment, then six months for an appeal; cassation before the Supreme Court is open only above 1,000 minimum wages. The loser pays costs, including agencias en derecho of 3 to 7.5 percent of the claim in higher value cases, and overstating damages by more than 50 percent triggers a 10 percent penalty.

USD figures use the TRM (tasa representativa del mercado) of COP 3,158.43 per US dollar, valid 24 to 26 October 2026, from the official TRM series published by the Superintendencia Financiera on the national open data portal. Peso figures in UVB use the 2026 UVB of COP 12,110 (Res. MinHacienda 3488 de 2025, as reported by the Ministry of Transport); figures in minimum wages use the 2026 monthly minimum wage of COP 1,750,905 (Decreto 1469 de 2025). Conversions are for orientation only.

Key facts

Upper limit of minor value civil cases 2026 (40 minimum wages)	70036200 COPLey 1564 de 2012 art. 25, as of 2026-10-26 · in force
Higher value civil cases start above (150 minimum wages, 2026)	262635750 COPLey 1564 de 2012 art. 25, as of 2026-10-26 · in force
Maximum time to issue a first instance judgment from service	12 monthsLey 1564 de 2012 art. 121, as of 2026-10-26 · in force
Maximum time to decide an appeal	6 monthsLey 1564 de 2012 art. 121, as of 2026-10-26 · in force
Time to answer a claim in the oral procedure	20 daysLey 1564 de 2012 art. 369, as of 2026-10-26 · in force
Minimum adverse value for cassation 2026 (1,000 minimum wages)	1750905000 COPLey 1564 de 2012 art. 338, as of 2026-10-26 · in force
Security for interim measures in declaratory cases	20 %Ley 1564 de 2012 art. 590, as of 2026-10-26 · in force
Maximum agencias en derecho, higher value first instance	7.5 %Acuerdo PSAA16-10554 de 2016 art. 5, as of 2026-10-26 · in force
Electronic personal service deemed made after	2 business daysLey 2213 de 2022 art. 8, as of 2026-10-26 · in force

The rule

1. Where jurisdiction depends on value, cases are minor (mínima cuantía) up to 40 monthly minimum wages, lower (menor) above 40 and up to 150, and higher (mayor) above 150, using the minimum wage in force when the claim is filed. Municipal civil judges hear minor cases in a single instance and lower value cases in first instance; circuit civil judges hear higher value cases in first instance. Value is the total of all claims when filed, excluding later interest, fruits and penalties.
Cost to do it: 2026 bands: minor up to COP 70,036,200 (US$22,174.37); higher value above COP 262,635,750 (US$83,153.89).
Example: A COP 500,000,000 supply contract claim exceeds 150 minimum wages and goes to a circuit civil judge. / About US$158,306.50.Ley 1564 de 2012 (Código General del Proceso), Art. 17, 18, 20, 25 and 26, 2012-07-12 official text · verified 2026-10-26

2. Some administrative bodies act as judges: the Superintendencia de Industria y Comercio for consumer protection, unfair competition and industrial property infringement, the Superintendencia Financiera for disputes between financial consumers and supervised entities, and the copyright office for copyright cases.Ley 1564 de 2012, Art. 24, 2012-07-12 official text · verified 2026-10-26

3. Declaratory cases of lower and higher value follow the oral (verbal) procedure: the defendant has 20 days to answer; the judge then holds an initial hearing (conciliation, party examinations, fixing the issues, ordering evidence) and a trial and judgment hearing in which evidence is taken, each side argues for up to 20 minutes and judgment is normally given. Minor value cases follow the summary procedure with a 10 day answer period.Ley 1564 de 2012, Art. 369, 372, 373, 390 and 391, 2012-07-12 official text · verified 2026-10-26

4. A first or single instance judgment must be issued within one year from service of the order admitting the claim on the defendant, and an appeal must be decided within six months from receipt of the file. The judge may extend once by up to six months. Following Sentencia C-443 de 2019, loss of competence for missing the term is not automatic: a party must request it before judgment.Ley 1564 de 2012, Art. 121, 2012-07-12 official text · verified 2026-10-26

5. Appeals against a judgment are lodged at the hearing or within three days, stating the specific objections, which are then argued before the higher court; an unsupported appeal is declared void. Cassation before the Supreme Court Civil Chamber lies against second instance judgments of the district superior courts in declaratory cases when the adverse value exceeds 1,000 monthly minimum wages.
Cost to do it: 2026 cassation threshold: COP 1,750,905,000 (US$554,359.29).Ley 1564 de 2012, Art. 322, 334 and 338, 2012-07-12 official text · verified 2026-10-26

6. A claimant seeking damages, compensation, fruits or improvements must estimate them under oath (juramento estimatorio), itemised. The estimate is proof of the amount unless specifically objected. If the estimate exceeds what is proven by more than 50 percent, the claimant pays a sum equal to 10 percent of the difference to the judiciary.
Example: Damages estimated at COP 300,000,000 but proven at COP 150,000,000: the excess is 100 percent, so the claimant pays 10 percent of COP 150,000,000, COP 15,000,000. / About US$4,749.20 penalty.Ley 1564 de 2012, as amended by Ley 1743 de 2014 art. 13, Art. 206, 2012-07-12 official text · verified 2026-10-26

7. From filing, the judge may order the claim to be registered against registrable property, attachment in property claims and any other reasonable measure (innominate measures), weighing appearance of good right, necessity and proportionality. The claimant must post security of 20 percent of the estimated claim, which the judge may adjust. A party seeking interim measures may go to court without first attempting conciliation.
Cost to do it: Security of 20 percent of the claim: on a COP 500,000,000 claim, COP 100,000,000 (US$31,661.30), usually via an insurance bond.Ley 1564 de 2012, Art. 590, 2012-07-12 official text · verified 2026-10-26

8. Personal service may be made by sending the decision as a data message to the electronic address the party uses; it is deemed made two business days after sending, and time runs from the moment receipt can be confirmed. The claimant swears the address is the one the defendant uses and attaches the evidence. Hearings and filings may be virtual.Ley 2213 de 2022, Art. 1, 2 and 8, 2022-06-13 official text · verified 2026-10-26

9. The losing party, or the party that loses an appeal, cassation or annulment, is ordered to pay costs, which include proven court expenses and agencias en derecho fixed by the judge. The judiciary's tariff for declaratory first instance claims with money value is 4 to 10 percent of the claim for lower value and 3 to 7.5 percent for higher value cases (inverse weighting: the larger the claim, the lower the percentage), and 1 to 6 minimum wages for a second instance.
Cost to do it: Higher value claim of COP 500,000,000: costs award between COP 15,000,000 and COP 37,500,000 (US$4,749.20 to US$11,872.99); second instance COP 1,750,905 to COP 10,505,430.Ley 1564 de 2012 art. 365 and 366; Acuerdo PSAA16-10554 de 2016 (Consejo Superior de la Judicatura), CGP art. 365 and 366; Acuerdo art. 3 and 5 num. 1, 2016-08-05 official text · verified 2026-10-26

Band	Range in minimum wages	2026 COP	USD	First instance court	Costs tariff
Minor (mínima)	Up to 40	Up to 70,036,200	Up to 22,174.37	Municipal civil judge, single instance	5 to 15 percent
Lower (menor)	Above 40, up to 150	70,036,201 to 262,635,750	22,174.37 to 83,153.89	Municipal civil judge	4 to 10 percent
Higher (mayor)	Above 150	Above 262,635,750	Above 83,153.89	Circuit civil judge	3 to 7.5 percent

Civil court value bands in 2026 (Ley 1564 de 2012 art. 25; minimum wage COP 1,750,905; USD at TRM COP 3,158.43)

Worked example

A foreign supplier claims COP 500,000,000 (US$158,306.50) for unpaid invoices that do not qualify as an enforceable title. It first files a conciliation request (see the conciliation page), then sues before a circuit civil judge.
If it asks for an attachment of the buyer's real estate at filing, it posts a 20 percent bond, COP 100,000,000 (US$31,661.30), and may skip conciliation.
If it wins, the court fixes agencias en derecho between 3 and 7.5 percent of the claim, COP 15,000,000 to COP 37,500,000 (US$4,749.20 to US$11,872.99), payable by the buyer.

Step by step

Check value and venue: the band depends on the minimum wage when you file.
Exhaust conciliation where it is a prerequisite, unless you request interim measures.
Grant a power of attorney to a Colombian lawyer; foreign documents must be apostilled or legalised and translated.
File electronically with the evidence, the sworn damages estimate and any interim measure request with its bond.
Serve the defendant (electronic service is deemed made two business days after sending); the defendant has 20 days to answer.
Attend the initial hearing and the trial hearing; appeal within three days stating specific objections.
Ask for loss of competence before judgment if the one year term has run and you want the case reassigned.

Common traps

Inflated damages: an estimate more than 50 percent above what you prove costs 10 percent of the difference.
Missing conciliation where it is required leads the judge to reject the claim as inadmissible.
The one year term is not self executing: after Sentencia C-443 de 2019 you must raise loss of competence before judgment, and the nullity is waivable.
Cassation is closed below 1,000 minimum wages of adverse value, so most commercial cases end at the district court.
An arbitration clause does not lead the judge to reject the claim; the defendant must raise it as a preliminary defence, otherwise it is waived for that case.

Sources

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