July 20, 2013
There has been a fun article, created by the well-experienced attorney: Spencer McMullin published on various Mexican expat web-forums and websites – describing the vagaries of Mexican law.
We much appreciate Atty. McMullin’s (aka Spencer, or “Intercasa” on expat webforums) ongoing and ~ very generous ~ efforts to consistently help foreigners in Mexico ~ with free advice ~ on handling legal issues very well, esp. when dealing with the Mexican Gob., the Mexican police, and Mexican Immigration and Aduana, and the Mexican judicial system. We offer kudos and high praise to Spencer’s efforts, and we invite you to check out his very good site at chapalalaw.com . Finally, we offer the following article (including minor stylistic edits) of his latest very good insights (as published on Mexconnect):
6 Big Mistakes People Make in Mexican Lawsuits
It is 8:00 am, you are drinking your morning coffee, and there is a knock at the door.
A nice neighbor wanting to borrow a cup of sugar?
Who could it be?
Oh, it’s Spencer… but wait…
The police are there, with Spencer, along with a bunch of Mexican guys in suits
… as well as a tow truck.
What’s going on?
Would you refuse to come out?
Would you come out to find out what was going on, then remember you owe money to a hospital or person …
and then run back inside and slam the door and hide?
That could cost you your door, (because many court orders for embargos include orders to enter forcefully) …
Even if there is no order permitting them to break down the door, do you want to hide inside ? Indefinitely…. Especially since the plaintiff’s attorney will just apply for such an order, and they return to break-down your door and serve you just a few weeks later?
That’s mistake number 1.
As a Mexican attorney (with my cédula profesional), litigator, and official court translator, … It’s been my experience that most foreigners don’t know how the Mexican legal system works. That’s often compounded by being represented by bad attorneys, who don’t prepare their clients well, nor monitor the strict timelines involved.
As a result, many foreigners don’t get good results as defendants in a lawsuit, or even plaintiffs for that matter.
To try to raise awareness a little, I’ve developed a list of common mistakes people make and information so that people know what to expect in civil litigation as well as know what their attorneys should be doing. … Continue Reading ……………
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You can read the full article at: Big Mistakes People Make with Mexican Lawsuits and the Police
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
<em>© Steven M. Fry</em>
Read on, MacDuff.