Countries › Costa Rica › Guide › 14. Disputes › Debt collection in Costa Rica: the monitorio, executory titles, mortgage and pledge foreclosure, attachments and auctions

Debt collection in Costa Rica: the monitorio, executory titles, mortgage and pledge foreclosure, attachments and auctions

Last verified: 2026-10-29 · Status: Stable

Liquid and due money debts backed by a document are collected through the monitorio process: the court orders payment, the debtor has five days to pay or object on narrow grounds, and with an executory title the court can attach assets for the debt plus 50%. Registered mortgages and pledges are enforced directly with a five day window to object on payment, enforceability or limitation, followed by auction. The Ley de Cobro Judicial 8624 was repealed in 2018; these rules now sit in the Código Procesal Civil.

USD figures use the Banco Central de Costa Rica reference selling rate of ₡454.82 per US dollar published for 29 October 2026 (indicator 318 on bccr.fi.cr), rounded to the cent.

Key facts

Term to pay or object to a monitorio order	5 business daysLey 9342 art. 110, as of 2026-10-29 · in force
Attachment with executory title	capital and liquidated interest plus 50% textLey 9342 art. 111.3, as of 2026-10-29 · in force
Term to object to mortgage or pledge foreclosure	5 business daysLey 9342 art. 168, as of 2026-10-29 · in force
Objections allowed in foreclosure	lack of enforceability, payment, limitation textLey 9342 art. 168, as of 2026-10-29 · in force
Lawyer fees in monitorio and enforcement	50% of general tariff, minimum ₡60,500 textDecreto 41457-JP art. 21, 22, as of 2026-10-29 · in force

The rule

1. The monitorio covers liquid and due money obligations founded on public or private documents, with or without executory force, and lease evictions for expiry, unpaid rent or services; the court orders payment and gives five days to pay or object; without a well founded objection the order is enforced without further steps.Ley 9342, Código Procesal Civil, art. 110, 2016-02-03 official text · verified 2026-10-29

2. Executory titles include certified public deeds, judicially recognised private documents, judicial confession, final judgments for money, unregistered mortgages and pledges and documents given executory force by special laws.Ley 9342, Código Procesal Civil, art. 111.2, 2016-02-03 official text · verified 2026-10-29

3. With an executory title, the court on request attaches assets for capital and liquidated interest plus 50% for future interest and costs; without one, the creditor must post the pre judgment attachment guarantee; the debtor may only object for falsity of the document, lack of enforceability, written proof of payment or limitation.
Example: Debt of ₡45,482,000: attachment up to ₡68,223,000. / Debt of US$100,000.00: attachment up to US$150,000.00.Ley 9342, Código Procesal Civil, art. 111.3 and 111.4, 2016-02-03 official text · verified 2026-10-29

4. Registered common and cédula mortgages and registered pledges are titles for execution with waiver of procedures; the claim must name the debtor and the owner who granted the lien, and the court records the claim in the registry.Ley 9342, Código Procesal Civil, art. 166 and 167, 2016-02-03 official text · verified 2026-10-29

5. In mortgage and pledge foreclosure the only objections are lack of enforceability, payment and limitation, filed within five days; the objection does not stop the auction, but the auction is not approved until the objection is rejected; any unpaid balance can then be pursued against other assets in the same file.Ley 9342, Código Procesal Civil, art. 168 and 170, 2016-02-03 official text · verified 2026-10-29

6. The Ley de Cobro Judicial 8624 of 2007 and the Ley de Monitorio Arrendaticio 9160 were repealed by the Código Procesal Civil.Ley 9342, Código Procesal Civil, art. 183, 2016-02-03 official text · verified 2026-10-29

7. Lawyer fees in monitorio and enforcement proceedings are 50% of the general tariff, with a minimum of ₡60,500; in monitorio cases half is paid on filing, 25% on final judgment and 25% at auction.
Cost to do it: Minimum monitorio fee on a ₡45,482,000 debt: ₡3,823,650 (US$8,406.95).Decreto Ejecutivo 41457-JP, art. 21 and 22, 2018-10-17 official text · verified 2026-10-29

Worked example

A lender holds a notarised loan deed for US$100,000.00 (₡45,482,000). It files a monitorio and asks for attachment: the court can attach up to ₡68,223,000 (US$150,000.00) of the borrower's assets. The borrower has five days to pay or object on the four permitted grounds. Minimum lawyer fees are ₡3,823,650 (US$8,406.95).

Step by step

Document every receivable in a signed instrument; a notarial deed or a registered mortgage gives an executory title.
File the monitorio with the original or signed copy and request attachment of identified assets at the same time.
For secured debt, file foreclosure with a registry certificate showing the lien is not cancelled.
After the auction, ask the court to fix any unpaid balance and pursue other assets in the same file, or seek insolvency.

Common traps

A document that does not show beyond doubt who the debtor is cannot found a monitorio (CPC art. 111.1).
Without an executory title the creditor must post the 25% guarantee before attaching assets.
A written payment proof or a limitation defence stops the monitorio and moves it to a hearing.
Rent and interest claims prescribe in one year under the Código de Comercio (art. 984), so collect quickly.

Sources

← Commercial litigation in Costa Rica: courts, the oral ordinary process, interim relief, appeals, cassation and costsCommercial arbitration in Costa Rica: one Model Law statute for domestic and international cases, the clause, tribunal, interim measures and annulment →

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