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About
Hernandez, Merigo & Hurtado Collections
Because
of the high demand of collection services and a great deal of success
brought to our clients, Hernandez, Merigo & Hurtado (HMH) aimed
at creating a department within a solid law firm structure that
could provide even greater cost effective results. Today, HMH Collections
has been able to achieve this goal by casting an excellent team
of experienced, knowledgeable and aggressive litigation attorneys
(yet sensible to the modern collection process and modern collection
techniques) as well as full trained pre-legal collectors, all supported
by a wide network of equally responsible lawyers throughout the
country and ingenious investigators.
Still,
what makes HMH Collections unique is the capability shown to effectively
handle complex commercial litigation cases, including disputes that
arise under cross-border commercial transactions. Being an internationally-oriented
firm, our team comprises lawyers who are knowledgeable about international
commercial laws and related business practices. Also, fully aware
of common fraud strategies followed by debtors, our team has specialized
on fraud related actions and remedies.
This
has resulted in the perfect organizational structure to place an
account receivable for collection in Mexico: all the qualities of
a modern collection agency, but ready to act through court in immediate
fashion, and with the best possibilities of a successful outcome.
Our
Mission Statement
HMH
Collections was created with the goal of providing the best cost-effective
and result-oriented debt recovery services in all of Mexico. We
have been servicing both foreign and national companies selling
goods to Mexican parties, so we know what the standards are for
services that an internationally-oriented market demands: premium.
It is by following this commitment to high quality services that
our firm can achieve and fulfill its mission.
How
does HMH Collections Differ from the Rest?
Although
we provide debt recovery services and are knowledgeable about the
collection industry, HMH is not a collection agency but rather a
Law Firm. As such, our staff and collections department comprises
truly aggressive, experienced and knowledgeable advocates who will
pursue your accounts with an approach like no other Law Firm or
Collection Agency in the country. We are indeed a unique Firm here
in Mexico, with many qualities that distinguish us from all the
rest. Just to mention a few:
- Ethical
Practice and Well-Known Operative Procedures. Being members
of the Commercial Law League of America, and listees of The General
Bar, The American Lawyers Quarterly and The Wright Holmes Law
List, we follow in strict manner the guidelines set forth in the
"Operative Guides for Forwarders and Receivers" adopted by the
Commercial Law League of America on July 6, 1994. Likewise, pursuing
a conduct consistent with the highest ethical standards of the
legal profession, we follow both local and national rules of conduct
for professionals within the legal field, as well as US statutes
such as the "Declaration of Fair Practices of Collection Agencies"
adopted February 18, 1968 by the American Bar Association's National
Conference of Lawyers and Collection Agencies, the "Uniform Authorization
Form" and "Uniform Forwarding Contract" also adopted by such Conference
on February 21, 1970.
-
International Awareness. Staffed with knowledgeable bilingual
attorneys who are members of the international legal and business
community through the International Bar Association and the Otay
Mesa Chamber of Commerce, we keep well aware of the differences
in legal systems and business practices around the world. Such
an approach makes it possible for us to understand the problems
that cross-border transactions present, and most importantly,
the approach that cross-border litigation requires. Handling commercial
claims is one easy thing, but handling an international commercial
dispute is a totally different story. The Vienna Convention on
Contracts for the International Sale of Goods and Incoterms are
just few of the issues and rules that come into play and that
not many colleagues follow closely in Mexico, especially in litigation.
Besides
that, we believe the process of communication is essential. Again,
speaking the language is one easy thing, but understanding different
legal systems, foreign laws and legal terminology that arises
from such situations is a totally different story. If you come
from a country which legal system differs from the Civil Law Tradition
followed here in Mexico, you should not need to worry, we understand
the Common Law Tradition as well, its basic system and its laws
as followed in the United States. So in simple words: we will
truly understand your language, and we WILL be able to communicate
with you.
- Civil
& Commercial Litigation Expertise. Our success in the collection
industry has been our ability to include different strategies
and techniques on the recovery of debt, especially on fraud related
matters. Until today, contract enforcement actions have been ideally
the key methods and strategies known to most lawyers for collection
cases in general; however, on special situations where the debtor
has no property under his name, sadly enough, an end will come
to the collection process as no methods or alternatives will show
to be known to properly identify debtors' assets, or otherwise,
strategically held a third party liable who is known in fact to
be the real party to the transaction. On many other situations,
a claim will be totally disregarded by lawyers due to absence
of collaterals or debt documentation that allows for a speedy
and hassle-free trial through the use of special or ejecutiva
action. Although having collateral or proper debt documentation
will undoubtedly increase possibilities of full recovery, nevertheless,
its absence does not mean an impossible case at hand, nor a lost
cause.
Our
Firm has developed truly effective strategies to properly pursue
accounts where its recovery would seem impossible. Through the
use of fraud related civil actions such as actio pauliana and
internationally known strategies such as the alter ego doctrine,
we have achieved truly outstanding results where others have
not even pursue a collection (cases of fraudulent conveyance
of assets and holding a company liable for its subsidiaries'
debt, for both abusive control and fraud). This reason alone
is what holds us apart from many other law firms and collection
agencies alike. We will pursue a collection where nobody else
thinks is possible, and we will do it effectively because of
our expertise and dedication in such field.
- Timely
and Continuous Information Policy. Perhaps our biggest concern
and where we pride ourselves for our development and efforts,
is in the attention to customer service through timely and continuous
collection status information. We are committed to providing full
information to our clients about their cases and accounts, always
and at all times, with immediate updates with each progress, and
with immediate response to each of our clients' inquiries. We
know the importance and limitations of placing an account, which
means we will not take a decision for you but instead, we will
keep you abreast of all current situations should immediate action
and decision-making is required. You should be confident that
HMH Collections will allow you and encourage you keeping and exercising
absolute control over your accounts.
Why
Choose HMH Debt Collections?
If
you are pursuing a collection in Mexico, the fact is that you are
ultimately going to need a Mexican counsel who can advise you on
how to best approach the recovery process, and who can represent
you throughout litigation should it be required. If this is true,
why not choose a modern Mexican law firm who specializes in the
collection industry and who quite clearly differs from the rest?
At
HMH Debt Collections we have committed ourselves to bringing our
clients the standard of quality service provided by US law firms
and collections agencies. We have successfully achieved that, and
that is the reason why we have been able to build strong trustworthy
relationships with our clients.
Think
about it: just like retaining a US law firm but located in Mexico,
where your debtor is, and with better possibilities to act fast
and to recover in full.
If
you should need additional information about our Firm or are thinking
about placing an account receivable for collection in Mexico, we
encourage you to contact us for a free
consultation. You can also call us or visit the FAQ's
section should you have any inquiries about Mexican law, or the
process of litigation in Mexico.
We
expect to have the opportunity to help you with the recovery of
debt in Mexico, and look forward to building a long-lasting trustworthy
relationship between us.
Sincerely
yours,
Romelio
Hernández
Director of HMH Debt Collections
Please visit our
new and improved website at
www.hmhlegal.com
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