Originally from Enforcement of Money Judgments

I.  PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.

Colombia has always been a country of a significant positive attitude vis a vis foreign businesses and investments. In spite of being a nation in constant development, the global trend aiming towards globalizing all economical activities has inevitably impacted this country, in particular over the last decades. As such, the recognition of the validity and the enforcement of foreign judgments have become one of the key issues associated with international legal collaboration and, accordingly, it is possible to state that, as a general rule and under the terms set forth throughout this chapter, our legal and judicial systems are fully receptive towards the goal of enforcing foreign money judgments.

For purposes hereunder, a “foreign money judgment” means any judgment of a foreign country granting or denying recovery of a sum of money, excluding a judgment for taxes or fines, a judgment in family matters (i.e., alimony, inheritance, and child support), and an arbitration award.

B. Briefly describe recent illustrative attempts, whether successful or unsuccessful, to enforce a foreign money judgment in your country, particularly with regard to enforcement of any judgments from United States courts.

As commented before, being a civil type of country, our practice pays more attention to those requirements set forth by our laws in order to validly be able to enforce a foreign money judgment, rather than to the effects of any judicial precedent or case. Although the concepts of common and equity law are strange to our legal system, Colombian courts are constitutionally empowered to interpretate law, but, nonetheless, they are not entitled to “create” law, since such activity is to be carried out by the Congress when enacting any laws, or by the Government when developing same.