Penner & Associates - Mexico Law Firm and Business Consulting for Mexico

For professional assistance & information on legal & business matters regarding Mexico and Latin America, please contact:

ATTORNEYS AT LAW FOR MEXICO
Please contact us at our Mexico offices located at:
Apartado Postal No. 9
San Miguel de Allende, Guanajuato, Mexico
TEL. US.: (800) 856-5709
Local Phone (415) 152-3648

e-mail E-MAIL

 

BUSINESS CONSULTANTS FOR MEXICO
REAL ESTATE BROKERAGE ASSISTANCE FOR MEXICO
At our Phoenix or Mexico Offices
P.O. Box 42773
Phoenix, Arizona 85080
Tel: (623) 242-7442

e-mail E-MAIL

OUR MEXICO CITY OFFICES
Montecito no. 38 Piso 37 Oficina 37
Edificio World Trade Center
Colonia Napolis C.P. 03810
Mexico, Distrito Federal

Tel: (55)5351-0438

e-mail
E-MAIL

   

CROSS BORDER PURSUIT OF COLLECTION IN MEXICO, AND PROPER DOCUMENTATION AND SECURITY IN TRANSACTIONS

 

Vernon Penner has authored a hardback publication in conjunction with the State Bar of Arizona (Tel: 602/252-4804), wherein he authored an extensive chapter on the issues regarding civil remedies in Mexico. Please acquire the book titled "Civil Remedies" (for creditors) published by the State Bar of Arizona, go directly to Chapter Four (Civil Remedies for Creditors in Mexico). Its' chapter 4 contains a very extensive treatise by Mr. Vernon Penner on the subject matter.

For further information on this matter, an alternate source is to contact Mr. Vernon Penner personally at the above telephone or address.

The outline of the subject matter in the mentioned book is as follows:

1. This Chapter's Scope
1.1 Foreigners in Mexico
1.2 The Constitution of Mexico and Foreigners
1.3 Foreigners in Mexico and Business
2. Knowing Your Going to Mexico
2.1 Documentation Valid in Mexico
2.2 Agreements and Contracts
2.3 Format Clauses in International Agreements
2.3.1 Language Clause
2.3.2 Controlling Law Clause
2.3.3 Jurisdiction Clause
2.3.4 Immunity Waiver Clause
2.3.5 Currency Clause
2.3.6 Taxation Clause
2.3.7 Counterparts Clause
2.4. Promissory Notes (Pagares)
2.5 Letter of Exchange
2.6 Checks
2.7 Mortgages
2.8 Avio and Refractionary Credits
2.9 Pledges (Prenda)
3. United States Court Procedures Enforceable in Mexico
3.1 United States Judgments in Mexico
3.2 Letters Rogatory (Exhortos)
4. Principles of Self-Help Nonexistent in Mexico
5. Rules for the Legal System in Mexico
5.1 Civil Law Systems vs. Common Law Systems
6. Documents of Evidence and Preconstituted Execution
6.1 Documents of Evidence
6.2 Private Documents vs. Public Documents
6.3 Preconstituted Execution Documents
6.4 Public Instruments
7. The Court System in Mexico
7.1 Federal-State Jurisdiction
7.2 Constitutional Competency
7.3 Jurisdictional Competency
7.4 Jurisdiction over Persons
8. Acts Preparatory for Suits and Evidence
8.1 Statement Under Oath
8.2 Presentment of Chattel
8.3 Presentment of Documentation
8.4 Notification
8.5 Information
8.6 Presentment of Witness
8.7 Confessions
8.8 Recognition
8.9 Evidence
8.10 Public fame
8.11 General
9 Court Preventive Measures (Providencia Precautoria)
9.1 Persons vs. Property
9.2 Other Measures
9.3 Damages and Expenses
9. 4 When
10. Court Actions in Mexico
10. 1 Elements of Writ for Suit
10.2 Types of Suits
10.2.1 Ordinary Suits - Commercial
10.2.2 Executive Suits - Commercial
10.2.3 Special Mercantile - Commercial
10.2.4 Ordinary Suits - Civil
10.2.5 Summary Suits - Civil
10.2.6 Oral Suits - Civil
10.2.7 Executive Suits - Civil
10.2.8 Executive Suits on Real Rights (in Rem) - Civil
10.2.9 Mortgage Suits - Civil
10.2.11 Arbitration Suits - Civil
10.2.12 Voluntary Jurisdiction Suits - Civil
10.2.13 Other
10.3 Court Actions Relative to Third Party Situations
10.3.1 Avoidance of Preferences (Acción Pauliana)
10.3.2 Simulation Action
10.3.3 Oblicua Action
10.3.4 Right of Retention
11. Priority of Liens
11.1 General Security vs. Specific Property Security
11.2 Public Registry of Property and Commerce
11.3 Employee Benefits, Taxes, Social Security, Infonavit, and
Similar Governmental Liabilities
11.4 Subrogation
12 Payment of Debts
12.1 What Constitutes Payment in Mexico
12.2 Payment in Kind
12.3 Discounting with a Third Party
13. Termination of Debts
13.1 Compensation
13.2 Confusion
13.3 Condolence of Debts
13.4 Novation
13.5 Assignments
13.6 Delegation of Payment
13.7 Consignment
13.8 Nonexistence and Nullity
13.9 Bankruptcy
14. Treaties for Mexico
15. Interest Charged in Mexico
15.1 Civil Interest
15.2 Commercial Interest
15.3 Usury
16. United States Vehicles in Mexico
16.1 Permission to Enter Mexico
16.2 Stolen United States Vehicles Brought into Mexico
16.3 United States Vehicles Used to Commit Illegal Acts in Mexico
16.4 Means of Location of United States Vehicles in Mexico
17. Running to Mexico to Avoid Creditors
18. Notaries Public and Public Brokers in Mexico
18.1 Notaries Public
18.2 Public Brokers
18.3 Mexican Consuls as Notaries
19 United States Embassy and United States Consulates in Mexico
20 Criteria for Choosing an Attorney Licensed in Mexico
20.1 Experience
20.2 Integrity
20.3 English
21. Assets Checks
21.1 Liquid Assets (Bankers and Accountants)
21.2 Fixed Assets (Attorneys and Accountants)
21.3 Chambers of Commerce
21.4 Others
22 Representation in Mexico
22.1 Powers of Attorney (Individual and Corporate)
22.2 Unauthorized Representatives
23. Taking Title or Security in Real Estate in Mexico
23.1 Understanding How Title is Held
23.2 Holding Real Estate as Security
23.2.1 The Court Order
23.2.2 The Mortgage
23.2.3 The Guaranty Title Trust
23.2.4 Other
23.3 The New Sonoran Real Estate Professionals Law
24. Recent Changes in Mexican Law
25 Generality of This Study and Disclaimer

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