Debt collection in Mexico

Our local Law Firm located in Mexico who will directly initiate collection actions on the spot:

We are pleased to introduce the Mexican Law Firm in Mexico City, Jurídico Urrutia, as our debt collection partner in Mexico who will immediately start collection actions in Mexico when you start a case.

The debt collection process in Mexico.

• Introduction.
• Out-of-court debt collection in Mexico.
• Judicial debt recovery in Mexico.
  • The governance.
  • The legal system.
  • Taking a Mexican debt collection claim to court.

Introduction:

When an invoice is due, the collection process begins and attempts are made to get the debtor to pay. First through payment reminders. Then by extrajudicial action through a debt collector. If this is not enough to get the Mexican debtor to pay, the creditor (often via the collection agent) can choose to take the matter to court.

If the creditor wins in court, he or she receives a “judgment”, i.e. proof of the existence of a claim. If the debtor still does not pay voluntarily after that, the creditor can choose to apply for enforcement, which means that the Mexican authorities compulsorily ensure that the debtor pays what he or she is obliged to pay under the judgment.

The Mexican debt collection process may also include insolvency proceedings if the debtor actually wants to pay, but cannot because they do not have enough money to do so.

The following is a brief presentation of the Mexican debt collection process and the Mexican legal system.

Out-of-court debt collection in Mexico.

The collection process in Mexico starts when the due date on an invoice passes without payment being made. Normally, a company will send a payment reminder to its customer. If payment is still not received, it is time to escalate the claim to extrajudicial debt collection. In short, this means that a debt collection agency or law firm tries to collect the debt without having to take legal action. Contact is made with the Mexican debtor by letter, telephone call, physical visit, email, etc. It is made clear to the debtor that the debt exists, that payment is expected, and that non-payment may result in legal action being taken, with increased costs and time spent as a result. The fact that a Mexican law firm takes action on the spot in Mexico instead of a company doing it from another country, is usually enough for a debtor to pay.

Should these measures in the extrajudicial collection phase in Mexico not be sufficient, the creditor must decide whether to proceed with judicial collection in Mexico.

Judicial debt recovery in Mexico.

The governance.

Mexico is a federal, democratic, representative Republic composed of free and sovereign States. There is a federal government (in Mexico City) and 31 state governments with autonomy over certain issues. Each of the 31 state has its own constitution, governor, legislature, and judicial system.

Some areas of law fall under the jurisdiction of the Federation and some under that of the States. The federal government is governed executive by a President who is directly elected by the people to a six-year term without the possibility of re-election.

The legal system.

Mexico has a legal tradition of being a “civil law” country (like the majority of countries in Europe and South America, but unlike the “common law”- system applied in the US, UK and Australia).

A “civil law” country relies primarily on legislation as its primary source of law. This means that each individual case is decided by looking to the law and and as a complement, judicial precedents can be used.

The legislation: The Mexican Constitution is the highest source of law in the country and states that matters not expressly designated to the Federal Government shall fall under the competence of each Mexican state, including civil matters.

There is thus a division of legislative and judicial power between the federal government and the individual states of Mexico, depending on the area of law in question.

Much of the civil law, i.e. “individual vs. individual”, is handled by the states. However, state laws in this area are often similar and there is a federal law in this area, the “Federal Civil Code”, which is used as a model for the states’ own laws in this area.

Legislation relating to commercial disputes between companies is regulated at federal level through the Commercial Code.

Taking a Mexican debt collection case to court.

As mentioned, Mexico is a federal state with 31 individual states. This means that the court system is divided into federal courts (which hear federal cases) and state courts (which hear state and sometimes federal cases).

Under the Constitution, civil matters (both substantive and procedural) are governed by local laws, while commercial matters are governed by federal law. Although commercial matters are legislated at federal level, local judges can settle commercial disputes in state courts. However, more complex cases usually end up in the federal courts.

At the top of the federal courts is the Supreme Court of Mexico. Below it are courts at three levels. Court cases usually start in the district courts, which are the “lowest” federal courts.

Each state also has its own Supreme Court, which has the highest authority in its state. Below that are two-tier courts, with the so-called “lower courts” being the lowest courts.

So which court hears a case regarding “judicial” debt collection in Mexico?

It depends…

One has to look at each individual case
– What is the amount in dispute?
– Where are the parties to the dispute located?
– What areas of law are involved?

So legal advice needs to be obtained from an expert in Mexico in order for the case to be brought to the correct court.

Who can represent a Creditor in Mexican courts?

Only lawyers licensed in Mexico can participate in Mexican court proceedings. The lawyer must have a law degree and an official license. The license must be registered in the local and federal court systems.

Limitation periods:

The normal limitation period for commercial disputes is 10 years (there are some exceptions).

Enforcement of a Mexican judgment:

If the debtor refuses to pay despite having received a judgment in the case, an application for enforcement can be made. The court can then order a lien on the debtor’s assets or sell the assets at auction to raise money to cover the debt.

This is how our debt collection service works.