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Limitation periods in Colombia: 10 years ordinary, 5 years executive, short commercial terms and how to stop the clock

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

Since Ley 791 de 2002 the general extinctive limitation period is 10 years for ordinary actions and 5 years for executive actions, counted from when the obligation became due; many commercial claims are far shorter, such as 3 years on a promissory note, 2 years on insurance and transport contracts, which the parties cannot change. Claims against the State are subject to expiry (caducidad) periods of four months to two years, and consumer claims must be brought within one year. Filing suit interrupts limitation only if the defendant is served within one year; a written demand from the creditor interrupts it once, and a conciliation request suspends it for up to three months.

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Key facts

General limitation period for ordinary actions	10 yearsCódigo Civil art. 2536 (Ley 791 de 2002), as of 2026-10-26 · in force
Limitation period for executive actions	5 yearsCódigo Civil art. 2536 (Ley 791 de 2002), as of 2026-10-26 · in force
Limitation of the direct action on a bill or note	3 yearsCódigo de Comercio art. 789, as of 2026-10-26 · in force
Ordinary limitation of insurance claims	2 yearsCódigo de Comercio art. 1081, as of 2026-10-26 · in force
Limitation of transport contract claims	2 yearsCódigo de Comercio art. 993, as of 2026-10-26 · in force
Limitation of damages claims against vicariously liable third parties	3 yearsCódigo Civil art. 2358, as of 2026-10-26 · in force
Window to serve the defendant for filing to interrupt limitation	1 yearsLey 1564 de 2012 art. 94, as of 2026-10-26 · in force
Time limit for consumer protection claims	1 yearsLey 1480 de 2011 art. 58, as of 2026-10-26 · in force

The rule

1. Extinctive limitation requires only the passage of time without exercising the action, counted from when the obligation became due. The executive action prescribes in five years and the ordinary action in ten; an executive action becomes ordinary after five years and then lasts five more. After interruption or waiver the period starts again.Código Civil (Ley 84 de 1873), as amended by Ley 791 de 2002 art. 8 (Diario Oficial 45.046 of 27 December 2002), Art. 2535 and 2536, 2002-12-27 official text · verified 2026-10-26

2. Limitation is interrupted naturally when the debtor acknowledges the debt expressly or tacitly, and civilly by a court claim. Filing the claim interrupts limitation and prevents expiry only if the order admitting it (or the payment order) is served on the defendant within one year from its notice to the claimant; otherwise the effect arises only on service. A written demand sent by the creditor directly to the debtor also interrupts limitation, once only.Código Civil art. 2539; Ley 1564 de 2012, CC art. 2539; CGP art. 94, 2012-07-12 official text · verified 2026-10-26

3. Actions to repair harm from an offence or fault against those liable for it prescribe within the term for the principal penalty under the Criminal Code; actions against third parties vicariously liable prescribe in three years from the act.Código Civil (Ley 84 de 1873), Art. 2358, 1873-05-26 official text · verified 2026-10-26

4. Commercial short periods: the direct action on a bill or note, three years from maturity; the holder's recourse action, one year; an endorser's recourse, six months. Insurance contract claims: ordinary limitation of two years from when the interested party knew or should have known the facts, and extraordinary limitation of five years from when the right arose, neither of which can be modified by the parties. Transport contract claims prescribe in two years, also not modifiable.Decreto 410 de 1971 (Código de Comercio), Art. 789, 790, 791, 993 and 1081, 1971-03-27 official text · verified 2026-10-26

5. A conciliation request suspends limitation or expiry once, until the record or certificate is issued or three months pass, whichever is first.Ley 2220 de 2022, Art. 56, 2022-06-30 official text · verified 2026-10-26

6. From the opening of a reorganisation or judicial liquidation, and while the reorganisation agreement is performed, limitation is interrupted and expiry does not run for claims against the debtor arising before the opening.Ley 1116 de 2006, Art. 72, 2006-12-27 official text · verified 2026-10-26

7. Consumer claims for warranty must be filed within one year after the warranty expires (with proof that the claim was made during the warranty), purely contractual disputes within one year after the contract ends, and other claims within one year of learning the facts.Ley 1480 de 2011 (Estatuto del Consumidor), Art. 58 num. 3, 2011-10-12 official text · verified 2026-10-26

8. Group actions must be filed within two years from the harm or from when the harmful conduct ceased; popular actions may be brought while the threat to the collective right persists, and within five years when they seek to restore things to their prior state.Ley 472 de 1998, Art. 11 and 47, 1998-08-05 official text · verified 2026-10-26

Claim	Period	Source
Ordinary civil or commercial action (general)	10 years	Código Civil art. 2536
Executive action on a title	5 years	Código Civil art. 2536
Bill of exchange or promissory note, direct action	3 years from maturity	Código de Comercio art. 789
Recourse action of the last holder	1 year	Código de Comercio art. 790
Insurance contract	2 years ordinary, 5 years extraordinary	Código de Comercio art. 1081
Transport contract	2 years	Código de Comercio art. 993
Damages against vicariously liable third parties	3 years	Código Civil art. 2358
Consumer protection claims	1 year	Ley 1480 de 2011 art. 58
Group action	2 years	Ley 472 de 1998 art. 47
Annulment of an administrative act with restoration	4 months	Ley 1437 de 2011 art. 164
Direct reparation or state contract dispute	2 years	Ley 1437 de 2011 art. 164

Common limitation and expiry periods (official texts cited on this page)

Worked example

A supply contract invoice fell due on 15 January 2020 with no enforceable title. The ordinary action runs to 15 January 2030.
If the creditor sends a written demand on 1 March 2026, limitation restarts from that date, but that tool can be used only once.
If it sues on 1 December 2029, it must serve the buyer within one year of being notified of the admission order, or interruption only takes effect on actual service.

Step by step

Identify the claim type and the shortest applicable period, including caducidad if a public entity is involved.
Send a written demand to interrupt limitation if you need time (once only).
File conciliation where required; it suspends the clock for up to three months.
After filing, push service: the one year window under CGP art. 94 is decisive.

Common traps

Insurance and transport periods cannot be lengthened by contract.
Expiry periods against the State (four months for administrative acts) are not suspended by negotiations, only by the conciliation request.
Short commercial periods such as six months for an endorser's recourse are easy to miss.

Sources

← Claims against the Colombian State: administrative courts, short filing deadlines, mandatory conciliation and payment of judgmentsInsolvency in Colombia for creditors: reorganisation under Ley 1116, the 2024 reforms, the stay on collection and liquidation →