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Attachment of Assets - Looseleaf
Attachment of Assets - Electronic
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Colombia
Attachment of Assets
1. What is the general nature and effect of judicial measures
available for plaintiffs to obtain provisional relief affecting
property of debtors to obtain security for judgments to be
obtained (“attachments”)? Freezing property in place? Placing
it in the custody of a third party, such as a court official, sheriff
or marshall?
In Colombia, attachments are considered provisional measures
ancillary to the proceedings where a decision on the merits is to be
rendered. These measures are addressed to ensure that the plaintiff be
able to enforce the judgment when handed down. However,
attachments are only allowed in a certain type of proceeding.
A new procedural regulation was recently enacted as a result of the
issuance of a new Code of Civil Procedure. Although this new code
will have effect as a general rule by January of 2014, some articles,
such as those governing precautionary measures of certain
proceedings, came into force since October 1, 2012.
In Colombia there are mainly two types of proceedings:1
(i) Declarative proceedings and (ii) execution proceedings. Most of
the controversies related to contracts, torts, and, in general, civil
proceedings for damages are handled through “declarative
proceedings.”2 On the other hand, collection of moneys is
usually conducted by means of “execution proceedings.”
However, in order to commence execution proceedings, the
plaintiff must hold a document where the debt appear clear,
express, due and payable, such as in a promissory note, bond,
check or judgment.3
In declarative proceedings it is possible to request the following
measures: (i) registration of the lawsuit before the office of registration
Bernardo Salazar-Parra, Jose Lloreda Camacho & Co
