Executive proceeding vs. payment order proceeding: which one works to collect a debt

You have an overdue invoice or an unpaid promissory note (pagaré). You have already called, written and negotiated. The next step is the courthouse.

But in Colombia there is not just one door for collecting a debt. There are two that are often confused: the executive proceeding (proceso ejecutivo) and the payment order proceeding (proceso monitorio). Choosing the wrong one is not a minor detail. It can cost you months, or a lawsuit rejected at the first review.

One question decides everything: do you have an enforceable instrument (título ejecutivo)?

First, what is an enforceable instrument

Article 422 of the General Code of Procedure (Código General del Proceso, CGP) defines it as a document that contains a clear, express and payable obligation and that serves as full proof against the debtor.

In plain words: the document already says who owes, how much and when. The judge does not have to find out. A promissory note or an invoice that meets the requirements of a negotiable instrument are the most common examples.

Watch out: having a promissory note is not the same as having an enforceable instrument. If the note is missing something, the judge can reject it. Further down we explain what usually goes wrong.

Executive proceeding: when you do have an instrument

This is the direct route. You are not asking the judge to decide whether the debt exists. You are asking the judge to order it paid, because the document already proves it.

What you need

• The original instrument, with a clear, express and payable obligation (art. 422 CGP).
• If it is a promissory note, the requirements of article 709 of the Commercial Code: an unconditional promise to pay a specific sum, the name of the person to whom payment must be made, a statement that it is payable to order or to bearer, and the form of maturity.
• If the note was signed with blank spaces, the letter of instructions that backs how it was filled in.

How it moves forward

1. You file the lawsuit with the instrument.
2. The judge reviews it. If it complies, the judge issues the payment order (mandamiento de pago). If not, the judge denies it.
3. The debtor is notified. In practice this can now be done by electronic means under Law 2213 of 2022.
4. The debtor has 5 days to pay and 10 days to raise defenses. The deadlines run at the same time. To challenge formal defects in the instrument, the debtor has 3 days to file a motion for reconsideration.
5. If the debtor neither pays nor defends, the judge orders the enforcement to continue: seizure of assets, appraisal and auction, and settlement of the credit.

The good and the bad

The good: the instrument is the proof, and you can request precautionary measures (medidas cautelares) over the debtor’s assets.

The bad: if the instrument has a defect, the payment order is denied. Judges do this often for simple reasons: a promissory note without a clear due date, without the name of the person to whom payment is owed, or with installments that have no defined dates.

Payment order proceeding: when you do not have an instrument

This is the route for creditors who do not hold a document with enforceable force. You do not start from an instrument. What you are seeking is a judgment that creates one.

What you need

Article 419 of the CGP sets five conditions. The debt must be:

• In money.
• Of contractual origin.
• Determined: you know exactly how much it is.
• Payable: it has already matured.
• Of minimum amount: up to 40 monthly legal minimum wages (SMMLV). With the 2026 minimum wage (COP 1,750,905), the cap is COP 70,036,200.

There is also a practical condition: the debtor must exist and have an address where they can be personally notified. In the payment order proceeding a guardian ad litem (curador ad litem) cannot be appointed. If you cannot locate the debtor, the case does not move forward.

How it moves forward

1. You file the lawsuit explaining where the debt comes from and how much it is.
2. If it meets the requirements, the judge orders the debtor to be summoned. That order cannot be appealed.
3. The debtor is personally notified and has 10 days to pay or to object with specific reasons and evidence.
4. From there, there are three paths:
   • The debtor pays: the case ends.
   • The debtor does not respond: the judge rules in your favor and that judgment becomes the instrument you can enforce.
   • The debtor objects: the case moves to the summary verbal proceeding (proceso verbal sumario), where the debt is argued.

If the debtor objects without grounds and loses, the judge imposes a fine of 10% of the debt’s value in favor of the creditor.

The good and the bad

The good: you do not need an enforceable instrument to start, and the debtor’s silence works in your favor.

The bad: the cap is low, the debtor must be locatable, and an objection turns it into a longer process. In addition, the precautionary measures available are more limited than in the executive proceeding.

How long each route takes

The deadlines set by law are short in both routes:

• Payment order proceeding: 10 days for the debtor to pay or object, counted from notification.
• Executive proceeding: 5 days to pay and 10 for defenses, counted from notification of the payment order.

But the legal clock is not the real clock. What lengthens a collection most is not those days. It is the notification (if the debtor hides or does not show up), court congestion and, in the executive proceeding, the stage of seizure, appraisal and auction.

That is why the rule is simple: the right route is the one that does not fall apart at the first review. A case rejected because of a poorly drafted instrument loses more time than any legal deadline.

Decision tree: do you have a promissory note?

Answer in order:

1. Do you have a promissory note, an invoice or another document that meets article 422?
   • Yes: executive proceeding.
   • No: go to question 2.
2. Is the debt in money, contractual, already payable, up to 40 SMMLV (about COP 70 million in 2026), and do you know where to notify the debtor?
   • Yes: payment order proceeding.
   • No: you need a declaratory proceeding to prove the debt and obtain a judgment. At that point it is worth having a lawyer review the case.

Before choosing the executive proceeding, check your promissory note: a clear due date, the name of the person to whom payment is owed, the original at hand and the letter of instructions if it has blank spaces.

Conclusion

The debt is the same. What changes is the path. And collecting well starts with knowing which one you are standing on.

At Recu we review your portfolio and tell you which route fits each debt, before you spend time on the wrong one.