Handling a Lawsuit in Uruguay While Living Abroad

Can you pursue a lawsuit in Uruguay while living in another country? Yes. Uruguayan law allows an individual or company to act in court through an attorney acting under a power of attorney, without being physically present at every stage. The key is to grant the litigation power of attorney correctly and to stay in close contact with your lawyer, since some deadlines run quickly and will not wait for you to return.

This guide is for people living abroad who have a dispute in Uruguay: a debtor who does not pay, a breached contract, a tenant, a business partner, or a lawsuit filed against them.

Why does a case end up in Uruguay?

The most frequent cases we see are:

• Debt collection against Uruguayan individuals or companies, including unpaid checks and promissory notes.

• Breach of commercial contracts with Uruguayan suppliers, distributors or clients.

• Real estate disputes in Uruguay: leases, purchases, construction defects or boundary issues.

• Shareholder disputes in Uruguayan companies with foreign partners.

• Enforcement in Uruguay of a judgment obtained in another country.

The litigation power of attorney

In Uruguay, every party in a lawsuit must be assisted by a lawyer. If you will not appear in person, you can act through an attorney-in-fact, and the litigation power of attorney must be granted as a public deed (escritura pública). From abroad, this can be done in two ways:

• Before a notary in your country, and then having the document apostilled.

• Before the Uruguayan consulate in your jurisdiction.

If the power of attorney is not in Spanish, it must be translated by a Uruguayan sworn translator. We recommend that your Uruguayan lawyer drafts the text: a power of attorney with insufficient authority (for example, without power to settle or collect funds) may force you to repeat the whole process at the worst possible moment.

Have a dispute in Uruguay and live abroad? We review your case, send you the power of attorney template and represent you throughout the proceedings. Message us on WhatsApp.

Mandatory pre-trial conciliation

Before most civil and commercial lawsuits, the Uruguayan Constitution and the General Code of Procedure require the parties to attempt conciliation before a conciliation or peace judge. There are exceptions, such as interim measures, certain family proceedings and labor claims, which have their own conciliation stage.

This hearing is a real opportunity to resolve the dispute without a trial. With a suitable power of attorney, your lawyer can attend and negotiate on your behalf.

Will I ever need to travel?

In many cases, no. However, the court may order a party to appear in person, or your testimony or that of witnesses may be important. When that happens, alternatives such as testimony by video conference or international judicial cooperation are evaluated, depending on what the court allows in each case.

If you are sued in Uruguay while living abroad

If you learn that a lawsuit has been filed against you in Uruguay, the most important thing is not to let deadlines pass. Deadlines to answer a complaint are short, and if you do not respond, the case moves forward anyway. We recommend that you:

1. Contact a lawyer in Uruguay immediately, with all the documents you have received.

2. Grant the litigation power of attorney as soon as possible.

3. Gather the documentary evidence you have in your country.

Enforcing a foreign judgment in Uruguay

If you have already won a case in another country and the debtor has assets in Uruguay, the judgment is not enforced automatically. It must first be recognized by the Uruguayan courts. Under the General Code of Procedure, enforcement of a foreign money judgment is requested before the Supreme Court of Justice, which notifies the other party, hears the Attorney General's office and rules on the request. If it is granted, the case is sent to the competent court for enforcement.

Requirements include that the judgment be final in its country of origin and that the documents be duly legalized or apostilled and translated. If there is a treaty between Uruguay and the country of origin, it applies first. The rules can be consulted in the General Code of Procedure on IMPO (in Spanish).

How we work with clients abroad

At Estudio Cabillón we represent individuals and companies from the United States, Argentina, Brazil, Spain and other countries in civil and commercial litigation throughout Uruguay, with particular experience in debt recovery and enforcement of negotiable instruments. We provide regular case updates, meetings by video call and service in English and Spanish. We do not promise outcomes: before you decide to proceed, we explain your options, the expected costs and the likely timeframes clearly. If your dispute involves a Uruguayan company you own, see setting up a company in Uruguay from abroad.