INTERNATIONAL LAW

INTERNATIONAL LAW

Areas

Service of Process in Mexico (Hague)

The right to give notice to the other party in order to provide him with an opportunity to defend himself, is fundamental concept of fairness and justice.  Therefore, notice is strictly required in almost every legal proceeding except on extraordinary circumstances.  If both parties are located within the same jurisdiction there is no major complication for execution of service. Local procedural rules control.

 

However, what if the defendant lives in another country? Are the rules for execution of service abroad the same as the ones we have in the United States?

For example, let’s say the person you are trying to sue or notify about a lawsuit is  located in Mexico., can you just send your documents by mail and simply file a regular proof of service by mail form in the Court.

 

Or, what about “personal service” upon a defendant that lives abroad? Is it Permitted under Mexican Law, just as it is in the US? Are Translations required?

 

You will find your answers here with us.  For instance you should be generally aware that in Mexico, there are only two methods of valid service of process:

 

  •  By formal notification made by an official clerk of the court who is usually referred to as; “Actuario” or “Notificador”.  The job of a “Notificador”, is simply execute formal notice.  The “Notificador” is an employee of the judicial authority and not a private citizen.
  • The second method is by publication, and it might be used only in the event that one of the parties is not located, or in other circumstances as prescribed by law or petitioned by the parties.
  • Service by mail is not permitted.  Service by private personal service is no permitted either, and service by US consulate involvement is not permitted, (unless the served party is a US citizen).

 

Based on the above, in the recent years more United States  Courts have decided to require that in order to ensure fair due process, and proper notice, a party seeking to serve a defendant who is located abroad, shall made such service pursuant the procedure established by the Hague Convention for the service abroad of judicial or extrajudicial documents on civil and commercial matters “The Hague Convention”.

 

“The Hague Convention for the service abroad of Judicial or Extrajudicial documents on Civil and Commercial matters”, is a multilateral treaty which has been signed and ratified  by the United States of America in (1967)., and by Mexico in (2000)., and by other 65 Countries which are currently fully participants of the convention.

 

The Convention establishes the procedure and the substantive international law, which can be used to serve with legal process a defendant who is located abroad.  Thus, if you are a lawyer or a Plaintiff, or Petitioner and you want serve with legal documents a person who is in Mexico or somewhere else, you need to consult with an expert in Private International Law. A consultation with an expert can  help you to make the process of the Hague Convention more easy to understand and more easy to execute.

 

We are certain that you may be asking yourself right now, how do they do it? How long does it take? How much does it cost?, We have the answers to those and more questions you might have.  We are here to help you! Call or write to us to discuss your case, we will be glad to help.

Enforcement of US Judgements in Mexico
(Homologaciones)

Under Mexican Law, a US Judgment is a foreign Judgment which lacks binding effect within the territory of Mexico. And unless it is duly recognized by a Mexican Judge, and therefore said to be enforceable in the terms issued by the US Judge, it cannot have any legal effect in Mexico.

The above is highly important for the Mexican American community, living in the United States, because many times the rights of a person involve not only the laws of the United States, but also the laws of Mexico. And on many times, it is all in in connection to one single case!

For example, if a person, who was married in Mexico, immigrates to the United States of America, and thereafter files a petition for dissolution of her marriage before a US court; Such person must be aware that regardless of what the American Court decides (or have already decided) in her case, she is still married in Mexico! Yes it’s as simple as that., and unless she finalizes the process which is known in Mexican Law as “Homologacion de sentencia extranjera” (Enforcement of US Judgment), that person should not re marry, or acquire new property in Mexico, or file a petition for immigration benefits, etc. because from the strict perspective of the laws of Mexico she is still married.

The process for the enforcement of a US judgment in Mexico is composed by two major legal steps. In one hand there are motions and petitions that must be made before the United States Court that has decided your case. The above, based on notions of International Law Practice for the rendering of International Judicial Assistance between courts of different Countries. Then, once successful results have been obtained in the US proceedings, the second legal step; is filing the proper petitions and in the proper formats before a Mexican competent Judge, in order to request the enforcement of the foreign Judgment as issued by the US Judge. Because the process requires knowledge of both US LAW and MEXICAN LAW, a legal representative who can help in only one legal system but not in the other, is unfortunately insufficient to help you to resolve your problem.

Here, we offer you the legal help you need. And if you need legal representation from an International Legal Perspective, Jesus Eduardo Arias LL.M is the option. Jesus Eduardo Arias LL.M.M., is a Lawyer with experience and expertise in the Comparative legal studies of US LAW AND MEXICAN LAW. Because he has dedicated several years during his career, to the study of these issues of Private International Law, he has been able to identify the principal concerns of people in such situations. He has brought all of his expertise and dedication and put all of it into practice in order to help many clients to resolve their problems after they were having difficulties to find the right lawyer for their unique type of case.

Moreover, Mr. Arias has been also a key advisor and have assisted many consulates and diplomatic representations from both United States and Mexico, contributing with the community by providing pro bono legal advice as to this and other legal problems and the ways people can resolve such problems.

Just as the one example described above, there are other type of Judgments such as child custody orders, adoption orders, business transactions, and money award orders, etc. But whatever the case may be, if you need to enforce a US Judgment in Mexico, you need to consult with an expert. You need to call Jesus Eduardo Arias LL.M! Call us now we are here to help you!

Taking Testimonies and/or
Obtaining evidence in Mexico

Perhaps you are a colleague attorney who has been looking for the response to some questions such as:

 

  • “How can I obtain testimony of a witness if such witness is a foreign national living abroad?
  • Can I seek a subpoena for the taking of his testimony, even if such witness lives outside the Court’s Jurisdiction (in a different Country)
  • What’s the best way to obtain evidence from abroad?

 

The answers to your questions might arise out of different bodies of statutory International Law such as “The Hague Convention on the taking of evidence abroad in civil or commercial matters”.

 

Perhaps you have never heard of this or other International Treaties or maybe you remotely recall a citation of one or two conventions during a lecture in your law school days.   Or you may be competently aware of such international law; however you have never attempted to put them in practice for the sake of one of your clients.

 

Well, we are here to tell you that these types of international mechanisms for obtaining evidence abroad actually work!  And in case you are interested in seeking evidence abroad for the furtherance of your case, we can do it for you!

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