Debt Collection Agency in Argentina - No Win, No Fee

Étape 1 - Comment fonctionne le recouvrement de créances à l'amiable (pré-judiciaire) en Argentine ?

Amicable collection in Argentina starts with verifying the debt, then sending the debtor a formal payment demand and negotiating a voluntary payment or instalment plan, without going to court. Most straightforward claims resolve at this stage.

Verification and first contact

Before contacting the debtor, the claim is checked against the invoice, contract or other supporting documents. First contact then sets out the amount owed, the basis for the claim, and a deadline to pay or respond. Argentina has no nationally prescribed demand-letter form for B2B claims; a clear written demand setting out the amount owed, its basis and a deadline to respond is the conventional format used in practice.

Conduct rules

Communication must stay within Ley 24.240, art. 8 bis: dignified and equitable treatment, no humiliating or vexatious tactics, and no contact that simulates a judicial appearance. In CABA, Ley 6.171 adds a fixed disclosure on first contact, permitted channels, and specific bans (contacting the employer, exposed mail, calls between 20:00 and 8:00 on weekdays, unauthorised publication of debtor lists). Breaches carry civil fines under Ley 24.240, art. 52 bis. Permitted channels under Ley 6.171 include phone, email, post, voice or text messages, and instant messaging, provided the debtor's dignity is respected throughout; first-contact disclosure must itemise the original debt, accrued interest and collection costs separately.

Restarting the limitation clock

A written, signed acknowledgement of the debt, or a part-payment, restarts the general 5-year limitation period (CCyC art. 2560) or the credit-card-specific periods under Ley 25.065, art. 47. Securing one, where possible, protects the claim while amicable talks continue. The CCyC's own index lists this specific reset under art. 2545, headed "Interrupción por reconocimiento" (interruption by acknowledgement).

Escalation to court

If the debtor still does not pay, moving to court is a separate, approved step (see Step 2), never an automatic consequence of a missed amicable deadline.

Étape 2 - Comment obtenir un titre exécutoire en Argentine ?

An enforceable title in Argentina comes from a court, most commonly through the national juicio ejecutivo (executive process) when the claim rests on a legally recognised enforceable instrument, or through ordinary proceedings for claims that lack one or are contested on the merits.

Juicio ejecutivo (executive process)

Under the CPCCN, Título II, arts. 520-594, the juicio ejecutivo is a summary procedure available when the creditor holds a legally recognised enforceable instrument. It is faster than ordinary proceedings because the debtor's defences are limited by law, and it ends in a judgment that can go straight to enforcement (Step 3).

Procédures ordinaires

Claims without an enforceable instrument, or where the debtor disputes the underlying facts, go through ordinary proceedings under the CPCCN. These allow a fuller exchange of evidence and argument, but take longer, and legal representation is required throughout. For example, a creditor whose credit-card claim has passed the 1-year window for an executive action under Ley 25.065, art. 47, still has 3 years from the same starting point to bring an ordinary action instead.

Provincial small-claims routes: Mendoza as an example

Because each of Argentina's 23 provinces plus CABA sets its own procedural code, lower-value claims may qualify for a faster provincial small-claims track. Mendoza's Oficina de Pequeñas Causas y Consumo, for example, hears claims up to ARS 3,200,000 (2026 figure). This is one province's rule, not a national threshold: confirm the current small-claims limit and procedure for the debtor's own province before filing. This ARS 3,200,000 ceiling is calculated as 5 JUS units at the 2026 JUS value of ARS 628,730.43, under a 2025 amendment to provincial Ley 9.660; Mendoza was the first Argentine province to open such an office, operating since 15 June 2015.

Plus d'informations sur les procédures judiciaires en Argentine

Choosing the route

The route depends on what evidence the creditor holds and where the debtor is based. A signed contract, promissory note or other legally recognised enforceable instrument usually supports the juicio ejecutivo; disputed or undocumented claims usually need ordinary proceedings; and lower-value, undisputed claims may qualify for a provincial small-claims track.

What the judgment allows

A favourable judgment, whether from the juicio ejecutivo, ordinary proceedings, or a provincial small-claims track, becomes the enforceable title used to attach assets, freeze bank funds, or force a judicial auction (Step 3).

Étape 3 - Comment fonctionne l'Exécution forcée de la dette en Argentine ?

Once a court issues an enforceable title (Step 2), enforcement in Argentina proceeds through embargo (attachment), inhibición general de bienes (a general freeze on the debtor's assets), or remate (judicial auction), all carried out under the supervision of the court. In the juicio ejecutivo route specifically, this judgment takes the form of a sentencia de trance y remate (order for sale to satisfy the debt).

Enforcement measures

Embargo lets the creditor attach specific assets, such as bank funds or property, up to the value of the claim. Inhibición general de bienes freezes the debtor's ability to sell or encumber assets generally, useful when specific assets are not yet identified. Remate is a judicial auction of seized assets, with proceeds applied to the claim. A court can order more than one of these measures in the same case, depending on what assets are located.

Who carries it out

Argentina has no separate national enforcement or bailiff agency. Every measure is judge-supervised and carried out through the court's own oficial de justicia (court enforcement officer), who locates and values assets, organises the auction where needed, and oversees distribution of the proceeds. The creditor's lawyer requests each measure from the court; the oficial de justicia then executes it. For the auction itself, the court typically appoints a martillero (court-appointed auctioneer) to conduct the sale.

Sequencing and stopping enforcement

Enforcement typically starts with locating assets to attach or freeze, then moves to a judicial auction only if the debtor still does not pay. A debtor can pay off the claim, including accrued statutory interest and costs, at any point before or during enforcement to have the measures lifted.

Order of enforcement in practice

An official state debt-recovery instructional document describes courts typically targeting the debtor's bank accounts first, before moving to real estate or other registered property, then wages, or a general inhibición general de bienes when no specific asset has yet been identified. Enforcement of the judgment itself proceeds under the CPCCN's own Título I, "Ejecución de Sentencias" (Judgment Enforcement), arts. 499-519 bis.

Timelines

Argentine law does not set a fixed statutory deadline for completing enforcement once a title issues; how long it takes depends on how quickly the debtor's assets can be located and valued, and on the court's own caseload. Cases with clearly identified assets, such as a known bank account, generally move faster than cases requiring extensive asset tracing.

Costs

Enforcement adds the tasa de justicia (3% of the claim's pecuniary value under Ley 23.898, art. 2) and any further court and legal-representation costs to the case; see Fees, interest and who pays what, above, for how these costs and any recovered interest are allocated.