Understand Mexico’s Rules of Service
The first hurdle is getting up to speed on Mexico’s service requirements. Review the applicable statutes in Mexico’s Federal Code of Civil Procedure to determine appropriate methods of service and procedural rules. Common forms of service under Mexican law include personal service, substitute service, and service by publication. Personal service, or emplazamiento, refers to physical delivery to the recipient. For substitute service, documents are left with a competent member of the recipient’s household or an administrative employee at their workplace. Service by publication, or edictos, involves publishing notices in newspapers or Mexico’s Official Gazette.
Translate Documents to Spanish
All documents being served in Mexico must be translated into Spanish by an authorized translator. Receiving untranslated documents violates procedures and could lead to challenges over improper service. Be sure to allot sufficient time for translation prior to attempting service.
Retain a Competent Process Server
Work with an experienced process server or attorney registered in Mexico to carry out service properly. They will be familiar with the appropriate locations and procedures specific to the Mexican state or district where your recipient is located. Attempting to personally serve without understanding Mexico’s requirements can render service invalid.
Verify Recipient Information
Provide as many details as possible about the recipient to facilitate service – full legal name, trade names, current and past addresses, workplace information, email addresses, phone numbers, etc. Given the large size of Mexico, the more information you can furnish, the faster effective service can be completed.
Be Prepared to Make Multiple Attempts
Given logistical and transportation challenges in parts of Mexico, be prepared for service to potentially require multiple attempts. Patience and persistence are key. Allow sufficient time for diligent efforts at various locations and times of day.
Understand Substitute Service Rules
If personal service proves impossible, substitute service may be an option but also has strict requirements. Substitute service must first be authorized by a judge and the documents must then be left with an adult who co-inhabits or is employed by the recipient. Getting substitute service approved and executed properly involves precise adherence to procedural rules.
Consider Service by Publication
When other service efforts fail, service by publication in approved newspapers or Mexico’s Official Gazette may be possible. However, this method also requires submitting petitions and orders to Mexican courts. Judges must authorize publication and all statutory requirements must be fulfilled to complete service.
Obtain Proof of Service
Once service is accomplished, ensure you receive proper evidence in the form of an acta de notificación from the process server detailing when and how delivery was completed. This affidavit will prove compliance with Mexican procedures.
Don’t Cut Corners
Resist any urge to cut corners to speed up service. Strict adherence to Mexico’s clearly defined service rules is the only way to avoid subsequent challenges to service that could derail legal proceedings.
Reach Out for Assistance
Don’t let the intricacies of international service deter you from taking needed legal action. Experienced registered agents and legal counsel can guide you through Mexico’s process. Contact Elizabeth Gallo Court Reporting to learn how we can handle international legal matters.