The amount in court proceedings

portada la cuantia en los procesos judiciales

The amount is an objective criterion that determines the competence of the judge and is related to the value or economic importance of the legal relationship.

In Colombia, the amount of judicial proceedings is divided into different categories or ranges that determine the competence of the courts to hear and resolve the case. These categories are established by law and vary according to the type of process. The main divisions of amounts in judicial proceedings are:

Minimum amount proceedings: In this type of proceedings, the amount is less than 40 minimum legal monthly salaries in force (SMMLV). These cases are processed before the municipal judges in sole instance, which have a simpler and more agile procedure as they are not subject to appeal. These courts are responsible for resolving smaller and less complex disputes, such as leasing cases, collection of sums of money, breach of contract, among others. The objective is to provide a quick and efficient judicial response.

Minor amount proceedings: These processes refer to those in which the amount is between 40 legal monthly minimum wages in force and 150 minimum wages. 150 minimum wages. They are heard by municipal judges in the first instance. These have jurisdiction to hear and resolve a wide range of civil matters, such as divorces, inheritance, contractual disputes, indemnities, among others. Although the amount is greater than that of the minimum amount proceedings, the process is still more agile compared to the larger amount proceedings.

Proceedings for larger amounts: In this category, the amount exceeds 150 minimum monthly salaries. These cases fall under the jurisdiction of the circuit judges in the first instance.

The amount is determined by reference to the minimum wage in effect on the date the claim is filed. By 2023, this will stand at 1,160,000.

It is important to note that Colombian law establishes these categories of amount to determine the competence of the different courts and tribunals, so that a reasoned estimate is essential to determine the competence of a process. However, it is important to mention that according to the Council of State, the excessive application of this procedural requirement cannot become an obstacle to access to the administration of justice.

Finally, the amount is not the only factor that determines competition, as other aspects such as the subject matter of the process and geographical location also play a role.