Debt Collection Argentina: A CFO's Guide to Recovery in Buenos Aires
The Argentine Legal Framework for Commercial Debt Recovery
Your Argentine counterparty has stopped paying. The invoice is 120 days past due and the exchange rate has moved twice since you issued it. Argentine civil and commercial obligations are governed by the Código Civil y Comercial de la Nación (Law 26.994), in force since 1 August 2015. Article 2560 establishes a general civil and commercial limitation period of five years. Article 2562 sets a shorter two-year period for interest and periodic obligations.
Juicio Ejecutivo: The Creditor's Fast Track
The juicio ejecutivo (CPCCN Articles 520 to 605) is available where the claim is backed by an executive title: a cheque, a pagaré (promissory note), a letra de cambio, or a notarised debt acknowledgment. The court orders an embargo (attachment) of the debtor's assets at the outset, before the debtor has been heard. Judgment in a well-documented executive file is measured in months rather than years.
Latin America: Recovery Jurisdiction Comparison
Even a perfectly executed recovery can stall at the stage of moving funds abroad. Argentina periodically imposes foreign exchange controls (cepo cambiario), restricting outbound FX transfers. Structure contracts with USD or EUR denomination clauses and inflation indexation where possible. Argentina is a New York Convention party since 1958 — arbitral awards from qualifying seats enforce through the exequatur procedure.
How does debt collection work in Argentina?
Debt collection in Argentina is governed by the Código Civil y Comercial (Law 26.994) and the CPCCN. Creditors holding executive titles use juicio ejecutivo under CPCCN Arts.520-605, with immediate embargo on debtor assets. General limitation: 5 years (Art.2560), 2 years for periodic claims (Art.2562). Argentina is a New York Convention party — arbitral awards enforce through exequatur.
