Service of Judicial Documents in Mexico
Until recently, service in Mexico could only be accomplished by utilizing the Inter-American Convention or by private agent (attorney). As of August 2000, Mexico achieved signatory status under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at the Hague, November 16, 1965, (Hague Service Convention). One of these services is always preferable. Service by private agent is available. However, it is wise to keep in mind that a judgment obtained on the basis of private agent service is not valid or enforceable in Mexico. No private entity is authorized to serve judicial documents in Mexico.
In addition, please be aware that Federal Rule 4 directs that service shall be made by any internationally agreed means (treaty or convention) or by an entity "authorized to make service." In addition, several states have the same requirement (Alabama, Alaska, Arizona, California, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Kansas, Maine, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, North Carolina, Ohio, Oklahoma, Rhode Island, Tennessee, Texas, Utah and Vermont).
Treaty service can often take 6-8 months or more to effect. The average time frame is generally shorter in Mexico than other Inter-American countries. Because of this, we will provide an affidavit that will indicate service is in progress, in compliance with applicable statutes and the reasonably expected time it will take to complete. This would support a motion to extend, which is usually necessary, and is provided at no additional cost. In addition, the Mexican authorities are not obligated to provide status information about a service and generally do not. We will, however, follow the progress of the service as closely as possible and infrom you of any information obtained.
Service through the Inter-American requires 7 pages of treaty documents. All documents to be served, including the 7 pages of treaty documents, must be translated into Spanish.
For us to prepare the convention documents and facilitate the service, we require the following: A complete and legible set of the documents to be served. Please make sure that any defendant being served as a "Doe" entity is named in an Alias Summons; Name of the judge who will be signing the request; Name, address, and phone number of the court; Name, address, and phone number of the entity being served; Name, address, and phone number of the plaintiff for whom service is being requested; Full name, address, and phone number of the specific attorney to act as counsel contact; Fees, which are due in advance and will be quoted prior to accepting the assignment.
Service is also available by a private agent (attorney). However, it is wise to keep in mind that this private agent service may be quashed in the originating U.S. court and any U.S. judgment obtained on the basis of private agent service may not be enforceable in Mexico. In addition, travel in many areas of Mexico is dangerous and many agents refuse to serve documents in many of the outer areas controlled by terrorist factions
For a private agent to serve the document, we simply need the following: A complete copy of each of the documents to be served; Full name, address, and any other available information, for the entity to be served; Fees, which are due in advance and will be quoted prior to accepting the assignment; Your written authorization to effect private agent service after being informed of the possible consequences.
No translation is required for private agent service, however, it should be taken into consideration whether or not adequate notice was given, especially if the defendant does not know English well enough to understand the documents.
Service in major areas, of which there are not many, can usually be effected quickly. The complete turnaround time for this method of service is usually 2-3 weeks but can take longer. Rush service is available for an additional fee. Service fees and time frames are dependent upon the location of the service address and difficulty of the assignment. There are many areas where travel is often difficult.
The proof of service will be in the form of a notarized affidavit. There are 32 separate Mexican states. There are only 19 U.S. Embassy locations for these 32 states. Therefore, although it is recommended that a U.S. Embassy official notarize the affidavit, it can be difficult to get to one. If this is not possible due to prohibitive cost and location, a local Mexican notary will be used, which will also increase the cost of the service.
Our office can provide all the integral service and assistance to effect service of civil process in Mexico using either of the above methods.
Limited areas of investigation, court record retrieval and various searches are available in Mexico. Please contact us to discuss your options if you require assistance other than the service of civil process.
Call 1-800 SERVE EM (737-8336) for a free, no-obligation quote.
ALL FEES DUE IN ADVANCE