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Law FirmJosé Soria & Asociados

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Executive proceedings (juicio ejecutivo) and debt collection in Paraguay

Executive proceedings for debt collection (juicio ejecutivo) are a court procedure for claiming a money debt backed by an instrument that the law treats as enforceable (Article 439 of the Code of Civil Procedure, Law No. 1337/1988). We represent creditors in court proceedings to collect debts documented in promissory notes, checks and invoices, and we request precautionary measures and pre-judgment attachments intended to secure collection.

Format
At the office, by phone or on WhatsApp
Applicable laws
Information reviewed in
September 2026

Who is it for?

  • People holding unpaid promissory notes, checks or invoices.
  • People who need to collect a documented money debt through the courts.
  • Creditors seeking to secure collection through precautionary measures or pre-judgment attachments.

What we do

  • We represent the creditor in collecting debts through the courts.
  • We work with debts documented in promissory notes, checks and invoices.
  • We request precautionary measures and pre-judgment attachments, which are intended to secure collection.

What the law says

When executive proceedings apply

Under Article 439 of the Code of Civil Procedure (CPC, Law No. 1337/1988), executive proceedings apply when a claim is made, on the basis of an enforceable instrument (título que traiga aparejada ejecución), for a due and payable obligation to pay a liquidated (fixed) sum of money. Article 448 of the same code lists the instruments that are enforceable.

Law No. 1337/1988, Code of Civil Procedure (BACN) (opens in a new tab)

Demand for payment and attachment

Under Article 450 of the CPC, the judge examines the instrument and, if it is enforceable, issues an order demanding payment and, where applicable, ordering attachment (mandamiento de intimación de pago y embargo) for the liquidated sum plus interest and costs. Under Article 451 of the CPC, this order always includes the authority to enter premises and to request the assistance of law enforcement when necessary.

Law No. 1337/1988, Code of Civil Procedure (BACN) (opens in a new tab)

Limited defenses for the debtor

The defendant (the debtor being sued) has a period of five days to raise objections (excepciones), that is, their defenses. Article 462 of the CPC sets out an exhaustive (closed) list of admissible objections. They include: lack of jurisdiction; lack of capacity or representation (falta de personería); falsity of the instrument or its unsuitability for enforcement; documented payment, full or partial; and expiry of the limitation period (prescripción).

Law No. 1337/1988, Code of Civil Procedure (BACN) (opens in a new tab)

How the process works

  1. ConsultationYou tell us about the case: who owes you money, how much you are claiming and what document supports the debt.
  2. Document reviewWe review your promissory note, check or invoice. We assess whether it allows executive proceedings to be started under Articles 439 and 448 of the CPC.
  3. Filing the claimWe file the collection claim. Where applicable, we request precautionary measures and pre-judgment attachments. Under Article 450 of the CPC, the judge examines the instrument and, if it is enforceable, issues an order demanding payment and, where applicable, ordering attachment.
  4. Monitoring the caseWe monitor the case file. The defendant has a period of five days to raise objections, and may only raise those on the exhaustive list in Article 462 of the CPC.

Frequently asked questions

Which documents can be used to start executive proceedings?

Article 448 of the Code of Civil Procedure lists the instruments that are enforceable. When we review your promissory note, check or invoice, we assess whether this route can be used.

Can the debtor dispute the origin of the debt?

Under Article 465 of the CPC, the cause of the obligation, that is, the origin of the debt, cannot be investigated in executive proceedings. The debtor may only raise the objections on the exhaustive list in Article 462 of the CPC.

What happens if the debtor says they have already paid?

They may raise the objection of documented payment, full or partial, which is one of the objections allowed by Article 462 of the CPC. The defendant has a period of five days to raise objections.

Can the debtor's assets be attached?

An attachment may be ordered, where applicable. Under Article 450 of the CPC, the judge examines the instrument and, if it is enforceable, issues an order demanding payment and, where applicable, ordering attachment, for the liquidated sum plus interest and costs. We also request precautionary measures and pre-judgment attachments, which are intended to secure collection.

Sources consulted

This page provides general information and does not replace advice on your case. Laws and requirements may change; we confirm them at the consultation.