What to do if your account is seized even though you have completed payment of your obligations

In recent weeks, social networks have become a space for complaints for dozens of citizens who have expressed complaints related to executive processes in Colombia.

Many They claim to have paid their debts on time, but, even so, their accounts continue to be seized, which has caused them serious inconveniences, even affecting the payment of other obligations.

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According to the Superior Council of the Judiciary, executive processes have the sole purpose of collecting a debt and are based on documents that demonstrate the debtor’s obligation. Article 422 of the civil ritual statute establishes that clear and enforceable obligations that are supported by documents of the debtor can be demanded, which should ensure a more efficient and fair process.

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Lien Termination Process

Given the concern of debtors who find themselves in this situation, The Judiciary has indicated that if a person has paid the entire obligation, they must request the termination of the executive process for payment before the corresponding judge. Once the judge declares the termination, the lifting of the precautionary measures that keep the seized account must be requested.

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To facilitate this process, The Judiciary clarifies that it is not necessary to have a lawyer, except in the case of minors, who must be legally represented. If the process is being delayed, Administrative Judicial Surveillance can be requested from the corresponding Sectional Council. For example, in Bogotá you can send an email specifying the situation, and within two business days, the necessary measures will be taken.

Expert voices

Judge

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Legal experts provided guidance on what to do in these cases (In an interview with EL TIEMPO). Andrea Silva Guevara, lawyer and public accountant, points out that It is essential to inform the judge who issued the seizure order about the payment made and request the termination of the process, accompanying this request with a peace of mind from the creditor.

Andrés Felipe Velásquez, lawyer, adds that if the request before the judge has no effect, the debtor can file a protection action for violation of due process, which is resolved within a period of 10 business days. In cases related to tax debts, If the debtor pays and the Tax Administration does not lift the seizure measures, it is also viable to file a protection action.

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Luis Carlos Oviedo complements that the same procedure is applicable for debts with banks or cooperatives. You must go to the court where the executive civil process is processed and request the issuance of discharge letters.attaching the corresponding payment receipt.

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