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(For selling goods into Mexico and the recovery of debt)

 

1. What is the best way of securing payment when selling goods into Mexico on open account credit terms, without a formal written contract?

2. What other formal means of securing payments are available in Mexico?

3. Under what situations would it be wiser to choose Mexican Law as governing law in my contracts for the sale of goods into Mexico?

4. What exactly is the Convention on Contracts for the International Sale of Goods (CISG or the Vienna Convention) and how does it affect my contracts?

5. Will the Vienna Convention govern all aspects of the transaction and every detail in the relationship between buyer and seller, or is there any aspect of domestic law that should be considered?

6. Under what circumstances would it be more convenient to rely on Mexican courts for the direct recovery of debt, choosing therefore and including a Mexican venue provision in our contract (to be subject to the jurisdiction of Mexican courts)?

7. Will consumer protection laws govern the sale of goods to a Mexican party even if I am outside of Mexico?

8. What other type of regulations or procedures should be considered upon importing goods into Mexico?

9. What are the requirements for the international assignment of receivables from a debtor in Mexico (either an international assignment or an international account receivable)?

10. How can I appoint a representative to act on behalf of my company in Mexico?

11. What legal recourse do I have in Mexico if buyer defaults payment?

12. According to Mexico's basic rules on jurisdiction, when will it be considered that a foreign Judge has proper jurisdiction to decide upon a claim, such as to consider a following resolution as valid and enforceable in Mexico?

13. What is the general process of commercial court litigation in Mexico (overview)?

14. What judicial prejudgment remedies are available to creditors in Mexico?

15. How does Mexican law regulates a fraudulent conveyance of assets?

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

17. What is an Amparo?

18. Can I recover even if I don't have a signed contract?

19. Does it make a difference how long the account has been overdue?

20. I've heard it's easier to collect when there are checks, promissory notes or bills of exchange signed, why is that?

21. Can I secure an international transaction with checks, promissory notes and bills of exchange according to my country's laws, or do I need to comply with different legislation from Mexico?

22. How much time do I have to enforce checks, promissory notes and bills of exchange in court?

23. What will it cost me to collect through Court?

24. How long will it take me to collect through court, and how efficient is the Mexican Judicial System as to this date?

25. What places in Mexico does your Firm cover collection matters?

 

 


 

 

 

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Hernández, Mérigo & Hurtado S.C.
Calle Cuarta 1626-104, Centro
Tijuana, Baja California, México 22000
Tel.: +52 (664) 685-1387
Fax: +52 (664) 685-9196
Email: info@hmh-law.com
Main Web Site: http://www.hmh-law.com