The New Jurisdictional Thresholds for the Peace Courts
Alvaro Reyes, Associate in ARIAS Guatemala and expert in Litigation and Arbitration, shares the following article:
In a world where commercial activities are increasingly frequent, and the economic needs, as well as the rising prices and costs of products, continue to grow, the Supreme Court of Justice has been compelled to amend the jurisdictional thresholds of the Peace Courts in municipalities across the Republic.
Prior to Agreement No. 46-2024 (the "Agreement"), the jurisdictional thresholds for Peace Courts with civil jurisdiction in the Republic of Guatemala were inconsistent, leading to confusion among users and necessitating their travel to other municipalities to file their claims. This situation not only caused unnecessary expenses for users but also resulted in substantial delays in the administration of justice.
To uphold users' access to justice and considering the imminent technological updates that the Judicial Organ will undergo, the Supreme Court of Justice, through the aforementioned Agreement, has revised the jurisdictional thresholds for the Peace Courts. Under the new provisions, Peace Courts will handle matters within their jurisdiction when the amount in dispute does not exceed eighty thousand quetzals (Q.80,000.00). It is crucial, however, to be mindful of the additional modifications made by the Court in this Agreement.
It is not only necessary for users to note the modification of the jurisdictional threshold for Peace Courts but also to understand that the previous differences among specific municipalities have changed, following the enactment of the Agreement, due to the express repeal of Agreement 5-97 of the Supreme Court of Justice and its amendments2.
The Agreement specifies that all Peace Courts in all municipalities of the Republic of Guatemala with civil jurisdiction will handle matters within the new jurisdictional threshold (not exceeding eighty thousand quetzals (Q.80,000.00)). However, those with exclusive jurisdiction in criminal and family matters will continue as before, in accordance with the regulations that establish thresholds for those branches.
It is important to consider that, for all Peace Courts with jurisdiction to handle civil matters, the threshold established by the Agreement applies. Additionally, the First Instance Civil Courts throughout the Republic will have jurisdiction to handle matters with a threshold from eighty thousand quetzals and one cent (Q.80,000.01) and above.
The ARIAS team consists of professionals with extensive experience in legal advisory and dispute resolution, who can gladly assist you with proper planning and legal analysis to determine the appropriate legal pathway and the competent jurisdictional body to address your claims before the relevant judicial institutions.
The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.