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.
Thanks for sharing that with us, Steve. Oddly, two days after reading the article, two men from the courts came to my door saying they were executing a process on me. (They produced identification and acted professionally.) Although my address was given as the place to find me, I told them I didn’t know the person they named as having the complaint against me. They asked how long I’d lived at this apt, and I told them. Beginning to feel a little more confident I asked them who they thought I was- it wasn’t me- and offered my immigration document to prove my identity. I told them I was the owner of the apt. They wanted to know who the former owner was and I showed them a copy of my escritura. They then told me the name of the person the claim was against and I recognized it as a person who had lived in an apt nearby. After a few more questions and answers they were satisfied I was telling the truth, made some notes, and went away. Reading the article prepared me for giving them more than the short shrift I would have otherwise, and perhaps saved me greater headaches!
Nothing makes me smile and beam more, than when our efforts make a difference.
and remember: This fine piece is from Lic. Spencer McMullin, chapalalaw.com – with some Yucalandian edits.
… When wielded skillfully … knowledge really is power.
You did great,
PS Where are you located?