16. How can I enforce a foreign judgment in Mexico?

The process involved for the recognition and enforcement of foreign judgments in Mexico -called "homologación", is quite a rigorous one. It is a process in which both local and federal rules of procedure come into play, and one that goes hand in hand with another procedure on Letters Rogatory. According to article 571 of the Federal Code of Civil Procedure -which most States have followed, recognition and enforcement of a foreign judgment will take place only when the following conditions are met:

I. All formalities for Letters Rogatory are satisfied.

II. Judgment is not the result of an In Rem right.

III. The court rendering the judgment had proper jurisdiction to try the matter and to pass judgment on it.

IV. Service of process has been completed upon defendant in due legal form.

V. The judgment must be final and have the force of res judicata.

VI. There must be no case tried by a Mexican court which is a result of the same legal actions.

VII. The judgment must not be contrary to Mexican public policy (order public).

VIII. The judgment must fulfill all the formal requirements necessary to be deemed authentic.

The process for "homologación" requires that defendant is given a nine-day period to file an answer to the request for enforcement and to make allegations or to bring evidence in court. After the court has decided which evidence proposals are admitted, it will set up a hearing date for its reproduction. Once the evidence is fully rendered, the court will be ready to issue a judgment either granting the enforcement or denying it. An appeal process is also available to both parties, for which a five-day period is granted. (To take a closer look of requirements to enforce a foreign judgment including recommendations please contact us for a free brochure on "Avoiding Pitfalls with the Enforcement of a Foreign Judgment in Mexico").

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