Filing a Lawsuit in Ecuador: An Insider's Guide to the Civil Litigation Process

Navigating a foreign legal system can be profoundly intimidating, especially when a dispute forces you into the courtroom. As an Ecuadorian lawyer practicing in the Azuay highlands, I've guided countless expatriates through the intricate corridors of our nation's bureaucracy and judicial procedures. This guide is crafted from that hands-on experience to demystify the process of filing a civil lawsuit in Ecuador, providing the authoritative, meticulous, and reassuring clarity you need to protect your rights.

Ecuador's legal system, rooted in civil law, has procedural nuances that can trip up even the most prepared foreigner. Understanding these distinctions is the difference between a successful resolution and a costly, frustrating stalemate. Our objective is to arm you with insider knowledge, ensuring you approach litigation with confidence and in full compliance with Ecuadorian law.

Understanding the Ecuadorian Civil Litigation Framework

In Ecuador, civil lawsuits are governed by the Código Orgánico General de Procesos (COGP). Enacted in May 2016, this comprehensive code revolutionized our justice system by replacing antiquated, written-based procedures with a more agile, oral-based framework. The COGP governs all civil, commercial, labor, family, and administrative litigation, aiming to streamline and expedite proceedings.

The code emphasizes principles like efficiency, publicity, and oral hearings, especially for presenting evidence. For an expat, this means that while the process is document-intensive at the outset, the crucial stages happen in person before a judge. All case filings, evidence, and judicial orders are managed through the official online portal, SATJE (Sistema Automático de Trámite Judicial Ecuatoriano), a detail your attorney will manage but which you should be aware of.

When is Civil Litigation Necessary?

Civil litigation is the last resort when a dispute between private parties cannot be resolved through direct negotiation or alternative methods. Common scenarios for expats include:

Contractual Disputes: Failure to comply with real estate purchase agreements (promesa de compraventa), construction contracts, or service agreements.
Property Disputes: Conflicts over property lines (linderos), inheritance claims, or unresolved issues with landlords or tenants.
Debt Recovery: Pursuing unpaid personal loans or business invoices, often through a specialized fast-track process called a procedimiento monitorio.
Torts and Damages: Seeking compensation for personal injury or property damage caused by another's negligence.

Critically, Ecuador's laws strongly encourage alternative dispute resolution. For many civil matters, attempting mediation (mediación) at an accredited center is not just a good idea—it is a mandatory prerequisite (requisito de procedibilidad). Attempting to file a lawsuit for certain disputes, like tenant evictions for non-payment, without first obtaining a certificate of failed mediation (acta de imposibilidad de mediación) will result in the judge immediately rejecting the case.

The Core Stages of a Civil Lawsuit in Ecuador

The litigation process, as defined by the COGP, is a structured sequence of events.

1. Pre-Litigation: Investigation and Strategy

This preparatory phase is paramount. It involves gathering all relevant evidence and building the legal foundation for your case.

Evidence Gathering: Collect all contracts, invoices, emails, WhatsApp messages, photographs, and witness information. For documents in English, you will need a certified translation (traducción jurada) from a court-accredited translator.
Correctly Identifying Parties: You must have the defendant's full legal name and their cédula (national ID) or RUC (tax ID) number. An error here can derail the entire process.
Statute of Limitations (Prescripción): Ecuadorian law sets strict deadlines for filing claims. For example, under Article 2415 of the Código Civil, an ordinary executive action (like enforcing a promissory note) prescribes in five years. Missing this deadline renders your claim legally unenforceable.

2. Filing the Lawsuit: The Demanda

A lawsuit formally begins with the filing of a Demanda (Complaint) through the SATJE system.

Jurisdiction and Competence: The lawsuit must be filed in the correct judicial unit. Per Article 9 of the COGP, jurisdiction is typically determined by the defendant's domicile. Filing in the wrong canton is a common and costly mistake.
Content of the Demanda: According to Article 142 of the COGP, the complaint must be meticulously drafted to include the judge's designation, the plaintiff's and defendant's full details, a clear narrative of the facts (fundamentos de hecho), the specific legal statutes your claim is based on (fundamentos de derecho), the evidence you will present, and the precise relief you are seeking.
Hyper-Specific Tip: A frequent error made by inexperienced lawyers is failing to clearly and separately articulate the factual and legal grounds. A judge can, under Article 146 of the COGP, order the plaintiff to "complete or clarify" the demanda within five days, unnecessarily delaying the case from the start.

3. Notification and Response: Citación and Contestación

Once the judge qualifies the demanda, the defendant must be officially served notice.

Summons (Citación): This is the formal act of serving the lawsuit. The court's process server (citador) must personally deliver the summons. If the defendant cannot be located after multiple attempts, the process can involve serving notice through three publications in a major local newspaper—a costly and time-consuming step. All official court notifications to your lawyer will be sent to their casillero judicial electrónico (electronic judicial mailbox).
Answer (Contestación a la Demanda): The defendant has 30 days to file a response. They can admit or deny the claims, file a counterclaim (reconvención), or raise preliminary objections.

4. The Hearing Phase

The COGP mandates at least two key hearings.

Preliminary Hearing (Audiencia Preliminar): The judge attempts to facilitate a settlement, rules on procedural issues, and formally admits the evidence that will be considered at trial.
Trial Hearing (Audiencia de Juicio): This is the main event. Witnesses are questioned and cross-examined, experts present their findings, and lawyers make their closing arguments orally before the judge.

5. Judgment and Enforcement (Sentencia y Ejecución)

Following the trial hearing, the judge issues a verbal ruling, followed by a written judgment (Sentencia).

Appeals (Recursos): If a party disagrees with the verdict, they can file an appeal with the Provincial Court.
Enforcement: A favorable judgment is not the end. If the losing party doesn't voluntarily comply, your lawyer must initiate enforcement proceedings to seize assets, garnish bank accounts, or take other measures to collect what you are owed.

Essential Documents for Filing a Lawsuit

Special Power of Attorney (Poder Especial): This authorizes your lawyer to represent you. If you are outside Ecuador, this document must be signed at an Ecuadorian consulate or before a local notary, and then legalized with an Apostille per the Hague Convention. If signed within Ecuador before a notario público, expect to pay a fee of approximately $60 to $100. This document must include your lawyer's professional registration number (matrícula del Foro de Abogados).
Identification Documents: A color copy of your passport's main page and the page with your Ecuadorian entry stamp, or your cédula.
Supporting Evidence: All contracts, deeds (escrituras), emails, bank records, etc., that substantiate your claim.
Certified Translations: For any key documents not in Spanish.

Common Expat Pitfalls and How to Avoid Them

Underestimating Mediation: Assuming mediation is optional can get your case thrown out before it even starts. Always ask if it's a mandatory first step.
Relying on "Verbal Agreements": Ecuadorian courts are document-centric. A written, notarized contract is exponentially more powerful than a handshake deal.
Misunderstanding the Power of Attorney: Using a General Power of Attorney (Poder General) is often insufficient. Most lawsuits require a Poder Especial that explicitly grants the authority for that specific legal action.
DIY Legal Attempts: The COGP is too complex to navigate without qualified local counsel. Procedural errors can be fatal to your case.
Delaying Action: Statutes of limitation are absolute. As soon as a dispute arises, consult an attorney to understand your deadlines.

⚠️ Legal Alert: When to Stop and Immediately Consult an Attorney

Do not engage in substantive negotiations, sign any documents, or send any compromising messages once a dispute has escalated. Seek immediate legal counsel if you:

Receive any official notification (notificación or citación) from a court or mediation center.
Are presented with a settlement document (acta transaccional).
Face a clear breach of a high-value contract (e.g., real estate).
Are being threatened with legal action by the opposing party's lawyer.

Conclusion

Filing a lawsuit in Ecuador is a formal, structured, and often lengthy process. Success hinges not just on the merits of your case, but on strict adherence to the procedures laid out in the COGP. Understanding the framework, meticulously preparing your evidence, and securing competent legal representation are your keys to successfully protecting your interests. Proactive, informed engagement with your legal situation is the most powerful tool at your disposal.