Step two: if the debt isn’t paid.
If the demand letter doesn’t resolve it, the path forward depends on how the debt is documented.
Enforceable instruments: the faster route
If the debt is backed by an enforceable instrument, a cheque, a promissory note (pagaré), or certain other formally recognised documents, it can generally be pursued through a juicio ejecutivo (executive proceeding), a streamlined court process designed specifically to collect on these instruments faster than an ordinary lawsuit. It’s common to request interim measures alongside it, such as freezing bank accounts or registering a general block on the debtor’s assets, to secure the possibility of actually collecting once you win.
Debts without an enforceable instrument
Where there’s no cheque, pagaré, or equivalent, an ordinary civil claim is generally required instead of the executive process, a full lawsuit rather than the streamlined route. It takes longer and is more involved, which is exactly why the executive route is preferred whenever an enforceable instrument exists.
Realistic expectations matter here: even a straightforward executive proceeding typically takes several months to over a year to reach a final, enforceable judgment, and an ordinary claim usually takes longer. Collection is rarely instant, which is part of why a well-drafted demand letter, and understanding your legal deadlines, matter so much before it gets to this stage.