From the loan between friends to a formal agreement between parties that is not registered, Thousands of people face The difficulty of recovering your money when there is no receipt or document that supported the obligationn. And in many cases, the fear of not being able to charge makes these situations pass, which generates personal conflicts and conflicts. However, how can they be legally resolved?
In such situations, the Ministry of Justice and Law of Colombia recalls that there are simple and accessible mechanisms so that citizens can claim what they are owed, even when they do not have a written support. These are legal alternatives that aim to provide rapid solutions without the need to assume high costs or hire a lawyer.
Designed to pay off debts, The monitoring process is a judicial procedure that offers creditors an agile route to demand payment and, if necessary, access measures such as the debtor’s assets.
Its implementation responds to the need to protect those who are usually more unprotected: natural persons, small merchants and families that depend on these sums for their livelihood.
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Money debt
Source: Canva
How much are the debts that can be claimed?
The monitoring process is the legal route that allows a debt less than 40 legal minimum wages in force (approximately $ 52 million in 2025), even if there are no signed documents that accredit it. It is a free, fast and without lawyer procedure.
To initiate the procedure, the creditor must submit an application to a municipal or small case civil court, including basic data from the applicant and the debtor, the clear description of the debt and the available evidence. If there are no supports, this situation must be expressly manifested.
Once the application is filed, the judge will notify the debtor, who will have ten days to pay, recognize the debt partially or deny it. In case of silence or negative without evidence, the judge may order the total payment of the debt plus interest, and even impose a fine of 10% on the debtor. If the latter has valid foundations, the process will continue with a hearing and test practice.
As indicated by the official website of the Ministry, Among the advantages of the monitoring process, its accessibility stands out, since it does not require lawyer or procedure payments; its speed, by avoiding long processes; and its effectiveness, because it allows to go to precautionary measures and the judge’s decision is equivalent to a clear and enforceable payment order.
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What other options exist?
• Prior conciliation: Before going to the monitoring process, it is recommended to try an agreement in a conciliation center. The act signed there has the same force as a judicial sentence.
• Executive process: If the creditor has a title value (promissory, check, bill of exchange, conciliation or sentence act), the monitor can skip and go directly to this route.
• Precautionary measures: In the event that the judge recognizes the debt, the debtor’s assets can be requested as a payment guarantee.
To know the location of the headquarters of the courts and conciliation centers closer to their home, you can click on the following link: https://www.minjusticia.gov.co/programs-co/legalapp/paginas/instituciones.aspx.
