Procedural method and legal framework
Method in three steps
- 01. Map of the act and limitation periods (assessment). We identify the act, contract or event behind the dispute, the competent authority and the limitation periods that apply.
- 02. Case theory and evidentiary viability. Facts are tested against the available evidence and the applicable law to determine whether the case is viable and what the risks are.
- 03. Court representation or negotiated outcome. Based on the assessment, we recommend litigation or an alternative mechanism (conciliation, settlement or arbitration).
Legal framework we work with
- General Code of Procedure (Código General del Proceso, Law 1564 of 2012): Article 422, requirements of an enforceable instrument (título ejecutivo) for the judicial collection of obligations.
- Code of Administrative Procedure and Administrative Litigation (CPACA, Law 1437 of 2011): Article 164(2)(d), four (4) month deadline to file an annulment and restoration of rights claim (nulidad y restablecimiento del derecho).
- Tax Statute (Estatuto Tributario): Article 720, request for reconsideration (recurso de reconsideración) against DIAN decisions, within two (2) months after notification.
- Substantive Labor Code (Código Sustantivo del Trabajo): Article 488, three (3) year limitation period for labor claims.
- Law 2220 of 2022: Conciliation Statute.
- Law 1123 of 2007 (Disciplinary Code for Attorneys): Article 28(13), duty to prevent unnecessary litigation and to facilitate alternative dispute resolution; Article 31, prohibition of self-laudatory advertising.
Working criterion: before filing a claim, we first check the limitation period (caducidad), because once that deadline expires the right to sue is lost, no matter how strong the evidence is.
What we do and what we do NOT do
- We do not promise court rulings. The decision belongs to the judge or competent authority.
- We do not file lawsuits by default. If the cost or the available evidence does not support a claim, we will tell you.
- We prioritize negotiated outcomes when viable, in line with Article 28(13) of Law 1123 of 2007.
- AI supports, it does not decide. Strategy and every filing are the attorney's responsibility.