Focus On Mexico
Lake Chapala - Header Image
Mexico Topics
Text Size

Civil Law - To Sue or Not to Sue

civil law in mexicoCivil Law in Mexico... it is by far, a less litigious society than its neighbors to the north.  The rule here is that it is far better to negotiate than litigate. Here’s why.

The Court Procedures in Mexico are very different.

In the U.S. and Canada, the plaintiff’s lawyer files a complaint and the defendant’s lawyer files a response. The two attorneys go through the process of "discovery" and then the case is argued before a judge (and jury) using evidence and witnesses. A decision is made and “awards” are made which can be significant, including costs, damages, special damages and punitive damages.

In Mexico, the plaintiff files a complaint providing written evidence with supporting documents and statements from witnesses. The defendant files a response, again in writing, with supporting documentation and witness statements. The judge reviews the submissions, asks for more evidence if he deems it necessary, and then renders a decision. There is no discovery process and lawyers are not allowed to be present when either party or witnesses are called in to make statements.

Based on the decision, awards are made for damages but they are much smaller. There are no special or punitive damages and each party pays their own fees and costs.

Litigation is expensive, a long process and judgments are often difficult to enforce, even against a solvent defendant. Judgments can be contested in a separate “Amparo” proceeding which can take several years. An “Interlocutory Appeal” can be lodged during the proceeding which will also lengthen the process (and the cost).

 

 Mary & Brooks Wingrave (Focus alumni living part time in Lake Chapala)
“The Focus on Mexico program lived up to all our expectations and more. We had about 30 people on our tour and about half of us are still friends to this day.

"We were boarded at a lovely local hotel where the conferences were held - on law, immigration, health, real estate, insurance, plus much more. We couldn't believe the information we received. It was just fabulous. We also had the opportunity to talk to others that have already settled in the area; this was very informative. There were lots of fun times, we visited great restaurants, learned important facts about the villages and how to operate within a Mexican community.

"You cannot describe the area to anyone - it is so unique. We can say we recommend whole-heartedly that if you are looking for a place to retire to or to just spend the winters in, that you take a good look and join a Focus on Mexico tour. The program was extremely valuable and I would highly recommend it to anyone remotely interested in Mexico. We are definitely glad we went and you will be to.

"In 2006 we bought our own home in a gated communty which we just love and we are very pleased that we took the initial step and came down with Focus on Mexico.”

 


Comment on and Rate this Content

 Your Rating:
Your Review:
  
Navigate
Learning Adventures
Crash Course On Mexico

 

 There is nowhere else you can go to learn everything in a Focus Fast-Track-to-Learning program. Each Seminar is worth the price of the program. Imagine getting a crash course on Mexico in just one week - everything you need, every question answered (including many you never thought of). You get everything in one fell swoop.

Focus Health Insurance

Best Doctors Hdr
Annual Cost/Benefits in U.S.$
Worldwide Coverage $750,000
 $3000 Deductible
Annual Premium $1090
 

Senior Couple 

Pre-existing conditions covered after 12 months
Apply from anywhere in Mexico
InterConsulatation 2nd Opinion
 

Best Doctors helps you make medical decisions with confidence. Access to the best medical minds in the world so you can be sure you have the right diagnosis and treatment plan. Get help to find specialists and expert answers to medical questions.

Currency Exchange
exchange money
 Focus On Mexico has teamed with two technology leaders in the money transfer industry to ensure clients enjoy a simple and efficient experience when transferring funds anywhere in the world.