Enforcement of US Judgments 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!