Supreme Court Ruling Allows Seizure of Healthcare Payments in Clinics’ Bank Accounts

Historically, supplier companies in Colombia’s healthcare sector have faced an almost insurmountable obstacle: the non-seizability of system resources. However, a recent ruling by the Civil Cassation Chamber of the Supreme Court of Justice has reshaped the rules of debt recovery, determining that ADRES Direct Payment funds lose their protection once they enter the bank accounts of Healthcare Provider Institutions (IPS).

For Trébol Jurídico’s clients and partners, this judicial decision represents the most powerful tool in years to ensure payment of outstanding invoices for medical supplies, services, and technologies.

The Legal Distinction That Frees the Payments

The core of the Court’s decision (December 2025 ruling) lies in distinguishing the nature of the funds depending on where they are located within the healthcare system’s financial circuit.

1. Resources at the source (Non-seizable): While the money is managed by ADRES or circulates among insurers (EPS) to guarantee the future provision of services, it is considered a “public resource” protected under Article 48 of the Constitution and Article 25 of Law 1751 of 2015.
2. Accrued payments (Seizable): The moment the Direct Payment is deposited into a hospital’s or clinic’s bank account as payment for services already rendered, the legal situation changes. According to the Court, the constitutional purpose of the funds has already been fulfilled, and the money becomes the private property of the provider.

This “dissolution” of non-seizability allows any legitimate creditor to request precautionary measures over these funds, without the debtor IPS being able to invoke the special healthcare protection as an excuse for non-payment.

Protection of Creditors’ and Suppliers’ Rights

The Supreme Court based this shift on the need to protect those who enable the system to function: the suppliers. If the funds received by a clinic remained indefinitely non-seizable, creditors would be left without real guarantees to collect, ultimately suffocating the operations of healthcare providers.

This ruling restores balance: it ensures that funds reach the provider to pay for patient care, while also ensuring that the provider’s suppliers can recover their capital through judicial means.

Implications for Judicial Debt Collection

With this new precedent, judges must act with greater rigor and technical precision:

• Prohibition of generic rejections: Judges can no longer label the entire content of a bank account as “non-seizable” solely because it belongs to an IPS. They are required to examine the origin and timing of deposits.
• Justification for seizure: If it is demonstrated that the funds originate from direct payments for services already rendered, the seizure must be ordered and upheld.
• Traceability of funds: Creditor companies may now use information from SIIFA’s invoice and payment tracking modules (Decree 228 of 2025) to identify the exact entry of funds into the debtor’s accounts and act immediately.

Recommendations for Creditor Companies

To ensure effective collection proceedings under this new legal framework, it is essential to:

1. Establish an Enforceable Title: Ensure that invoices strictly comply with the requirements of Law 1231 of 2008 and that service provision is properly documented to avoid objections.
2. Monitor Payment Cycles: Track ADRES reports to identify payment cycles. Once the transfer to the IPS is confirmed, the window of opportunity for seizure opens.
3. Litigate with Precedent: When requesting precautionary measures, legal counsel should expressly invoke the December 2025 Civil Cassation Chamber ruling to prevent judges from denying seizure based on outdated interpretations of the law.

At Trébol Jurídico, we apply this new jurisprudential standard to break the myth of absolute non-seizability and ensure that your company’s receivables are converted into real liquidity.

This article is for informational purposes only and does not constitute direct legal advice. For an analysis of your receivables under this new ruling, consult our specialists.