Enforcing Your Foreign Judgment in Ecuador: A Comprehensive Guide for Expats

The principle of enforcing foreign judgments is not merely a courtesy; it is a structured legal process enshrined in our laws. While international comity provides a backdrop, the primary legal framework is the Código Orgánico General de Procesos (COGEP), Ecuador's comprehensive code of procedure. This process, known as Exequatur, is the mandatory gateway to giving your foreign judgment legal force in Ecuador.

The Foundation: Understanding Exequatur

Exequatur is a judicial proceeding, not an administrative one. It is not an automatic rubber stamp. It is a formal request filed before a competent Ecuadorian court to examine a foreign judgment and verify that it complies with the requirements established by Ecuadorian law. The goal is to obtain a ruling that grants the foreign decision the same enforceability as a judgment issued by an Ecuadorian court. The specific rules for this are laid out in Articles 99 through 101 of the COGEP.

Key Requirements for Exequatur in Ecuador

For a foreign judgment to be enforceable in Ecuador, it must satisfy several critical conditions as stipulated by Artículo 100 of the COGEP. The burden of proof lies entirely with the petitioner.

Finality and Enforceability: The judgment must have the effect of cosa juzgada (res judicata) in its country of origin. This means it must be final, conclusive, and not subject to any ordinary appeals. You must provide official documentation from the originating court explicitly stating the judgment is final and enforceable, often called a "Certificate of No Appeal" or similar instrument.
Proper Legalization and Translation: The judgment and all supporting documents must be officially translated into Spanish by a sworn translator (perito traductor) accredited by the Consejo de la Judicatura of Ecuador. Using an unaccredited translator is a common and fatal error that will halt your case. Furthermore, all foreign documents must be properly legalized. If your country is a signatory to the Hague Convention, this means obtaining an Apostille. Otherwise, the documents require chain legalization, starting at the Ecuadorian consulate in the country of origin and ending at the Ministry of Foreign Affairs in Quito.
- Expert Detail: A certified translation from a perito traductor in Ecuador typically costs between $25 to $40 per page. Budget accordingly, as a full judgment package can be substantial.
Compliance with Due Process: The petition must prove that the defendant in the original case was legally summoned or cited according to the laws of the originating country. This ensures their right to a defense was respected. A judgment rendered in default is acceptable only if you can prove the defendant was properly notified and chose not to appear.
Absence of Conflicting Ecuadorian Jurisdiction or Judgments: The petition must demonstrate that the matter is not subject to the exclusive jurisdiction of Ecuadorian courts and that there is no pending litigation or final judgment in Ecuador on the same subject between the same parties.
Not Contrary to Ecuadorian Public Order (Orden Público): This is the most substantive and often most contentious requirement. The judgment's content and effects cannot violate the fundamental principles of Ecuadorian constitutional law and public policy.
- Expert Detail: A classic example involves punitive damages. A U.S. judgment awarding a large sum in punitive damages would likely see that portion denied exequatur. Ecuadorian law, under the principle of reparación integral (full reparation) established in Artículo 1572 of the Código Civil, focuses on compensating for actual harm, not punishing the defendant. Therefore, punitive awards are considered contrary to our orden público.

Step-by-Step Process for Enforcing a Foreign Judgment

Step 1: Assemble and Perfect Your Documentation

This is the most critical phase. Before an attorney even drafts the petition, you must have:

A certified copy of the final foreign judgment.
An official certificate from the originating court confirming the judgment is final and non-appealable (ejecutoriado).
Certified proof of legal service/summons on the defendant in the original case.
All documents duly Apostilled or consularized.
Official Spanish translations of all documents by a translator from the official list of the Consejo de la Judicatura.

Step 2: File the Petition for Exequatur

Your Ecuadorian attorney will draft and file a formal petition (demanda de exequatur).

Expert Detail: Under Artículo 101 of the COGEP, jurisdiction for the exequatur process lies with the judges of the Civil and Mercantile Chamber (Sala de lo Civil y Mercantil) of the Provincial Court corresponding to the defendant's domicile in Ecuador. If the defendant is not domiciled here, it will be the court of the place where the judgment's effects are intended to be executed.
Practical Cost: To file this petition, you must grant your attorney a notarized Power of Attorney (Procuración Judicial). This is a mandatory step that typically costs between $50 and $80 at a Notaría Pública.

Step 3: Service of Process on the Respondent in Ecuador

Once the court admits the petition, the respondent (the party against whom enforcement is sought) must be officially summoned (citación) in Ecuador. The respondent has a period of ten business days (días hábiles) to contest the exequatur. They cannot re-litigate the merits of the original case; they can only argue that one of the five legal requirements for exequatur has not been met.

Step 4: The Hearing and Judicial Decision

If the respondent contests the petition, the court will schedule a hearing (audiencia) where both parties present their arguments and evidence. The Provincial Court judges will then deliberate and issue a written resolution either granting or denying the exequatur. They are not re-trying the case; they are only verifying its compliance with Ecuadorian law.

Step 5: Enforcement of the Judgment

If the court grants exequatur, its resolution becomes the título de ejecución (writ of execution) in Ecuador. The foreign judgment is now, for all practical purposes, an Ecuadorian judgment. Your attorney can then initiate a separate execution proceeding (procedimiento de ejecución) to enforce the original ruling. This may involve actions such as:

Embargo y remate: Seizure and auction of assets to satisfy a monetary award.
Orders to register property transfers in the Land Registry (Registro de la Propiedad).
Injunctions to compel or prohibit a specific action.

Common Expat Pitfalls to Avoid

Improper Translations: Using a friend or a non-certified translator will result in an immediate rejection by the court.
Insufficient Proof of Finality: Simply providing the judgment is not enough. You need a separate, official court document certifying its finality and that no appeals are pending.
Ignoring the Public Order Doctrine: Attempting to enforce judgments for damages not recognized in Ecuador (like punitive damages) without legal strategy will fail.
Statute of Limitations: Be aware of the prescripción. Under the COGEP, the right to execute a judgment expires in five years from the date it becomes enforceable. While the clock for exequatur is more nuanced, do not delay.

Legal Checklist for Expats

[ ] Is the foreign judgment final and non-appealable?
[ ] Do you have a separate, official court document certifying its finality?
[ ] Are all documents Apostilled or consularized?
[ ] Have you engaged an official, sworn translator from the list of the Consejo de la Judicatura?
[ ] Do you have certified proof that the defendant was legally served in the original proceeding?
[ ] Does the substance of the judgment conflict with Ecuadorian public order (e.g., punitive damages)?
[ ] Have you hired a qualified Ecuadorian attorney experienced in civil procedure and the COGEP?

⚠️ Legal Alert: When to Stop and Consult an Attorney

Immediately engage legal counsel if:

You are uncertain about any of the documentation requirements, especially the certification of finality.
The judgment involves complex family matters (divorce, custody), as these have their own set of public order considerations.
The defendant is likely to aggressively contest the exequatur in Ecuador.
You receive any legal notice or are served with any document in Spanish that you do not fully understand.

Attempting to navigate this without an expert is not just risky; it is a recipe for failure, wasted time, and unnecessary expense.

Conclusion

Enforcing a foreign judgment in Ecuador is a methodical legal process governed by the strict procedural rules of the Código Orgánico General de Procesos (COGEP). It demands meticulous preparation, adherence to specific legal formalities, and a sophisticated understanding of Ecuadorian jurisprudence, particularly the doctrine of orden público. While challenging, the path to enforcement is clear for those who are well-prepared and well-represented. With the right documentation and expert legal guidance, your foreign judgment can be given full legal effect within Ecuadorian territory.