WHAT TO DO IF YOU HAVE BEEN SUED IN MEXICO
If you are sued in Mexico, it is important to take quick and effective measures to protect your legal interests. In this article, we will explore the steps you should follow and how you can ensure that your legal rights are defended, and your obligations are respected.
Foremost, you should know that unlike the United States or other countries, Mexican procedural laws are very strict, and that you can lose a case by a mere formality. So, it is significant that you meet all deadlines and procedural obligations.
Secondly, you should carefully read the complaint that has been filed against you and determine the specific charges or claims that are being brought. This will help you understand the basis of the complaint and the extent of your responsibilities.
It is also important that you immediately contact an experienced attorney for legal advice. Now, it must be considered that not all lawyers are appropriate for all matters, nor are all matters right for all lawyers. Depending on the size or type of case, a large or small firm may be a better or worse option. In addition, unlike the United States or other countries, in Mexico, the areas of specialty are not well-defined since there are no obligatory certifications or mandatory bar memberships. Therefore, you must be careful in the selection of the lawyer that will represent you.
Once you have consulted an attorney, you will need to respond to the complaint within the time frame established by law. The time frame may vary, depending on the state or venue, but it is usually a short period, it can be 5 to 9 days. Your response can be a denial of the claims, or a partial or total admission. It is important that your response be clear, precise, and presented within the time frame the court has determined. This is a critical issue because in Mexican law, the judges cannot extend deadlines. If you do not respond on time, you will default, and most likely lose the case.
In addition to responding to the complaint, you may need to provide relevant documents and evidence to the case. This can include financial records, public deeds, legal documents, emails, and other materials that help support your legal defense. It is important that you gather this information and deliver it to your attorney as soon as possible, so they can present it to the judge and protect your interests. In Mexican law, there is no discovery. Therefore, all documents must be filed at the time of responding to the complaint; otherwise, you won’t be allowed to present the document afterward; however, there are some limited exceptions.
Finally, it is important that you be prepared to attend court hearings and work closely with your attorney to present your case to the judge. This can include presenting legal arguments, presenting witnesses, and presenting documentary evidence. It is essential that you prepare adequately for these hearings and communicate with your attorney about any concerns you may have.
In summary, if you are sued in Mexico, it is important to take quick and effective measures to protect your legal interests. You will need to:
Carefully read the complaint.
Consult an experienced attorney. In our firm we have a wide network of contacts, and we can help you choose the best lawyer, for the type of matter you have.
Respond to the complaint within the established time frame.
Provide relevant documents and evidence, and
Be prepared to attend court hearings.
By following these steps, you can increase your chances of success in the case and ensure that your legal rights and obligations are respected.