[ffuts]

Is it true that it is necessary for one to be a legal resident of Mexico (have an FM-3) to initiate a lawsuit in Mexican courts?

[carib]

No, you don't but be careful with lawyers. Check and double check before you get into it. Try to get a lawyer from Guadalajara to avoid conflict of interest. In this area everybody knows everybody or they are sometimes related. Study the merits of the lawsuit and if you are willing to wait for a long time, go ahead do it. But if you don't want lots of aggravation and surprises, count your loses and let it go. Also be ready not to get any monetary compensation even if you win the case although you have to pay the lawyer and they are not cheap.
Good Luck

ffuts, on 11 March 2010 - 12:59 PM, said:

Is it true that it is necessary for one to be a legal resident of Mexico (have an FM-3) to initiate a lawsuit in Mexican courts?

[carib]

carib, on 11 March 2010 - 05:52 PM, said:

No, you don't but be careful with lawyers. Check and double check before you get into it. Try to get a lawyer from Guadalajara to avoid conflict of interest. In this area everybody knows everybody or they are sometimes related. Study the merits of the lawsuit and if you are willing to wait for a long time, go ahead do it. But if you don't want lots of aggravation and surprises, count your loses and let it go. Also be ready not to get any monetary compensation even if you win the case although you have to pay the lawyer and they are not cheap.
Good Luck

I am sorry but I may be wrong. I passed on your status info. Are you a turist with a 6 month visa? If yes, you have to talk to someone who knows better than me. Intercasa can help you or direct your concerns to the right person, Sorry

[Intercasa]

You need to prove legal status to do almost anything here. Many local attorneys here are local yokels and there are more refined ones in Guadalajara. Sometimes the local guys know the tricks and sometimes the local guys haven't taken a law class in 10 years or more (there are no continuing education requirements) and the Guad lawyers have, but even then there is no guarantee. Getting someone from Guad you'll pay more in the end unless they are dumb, you are dating them or some other special circumstance as they will lose time driving back and forth to Chapala. If you don't think they'll charge you, then you are foolish or their time isn't that valuable and you are getting inferior service.

Guadalajara lawyers almost always charge more, driving time aside and many times they give crappy advice. Best advice is to avoid all lawyers. Kiss a$$, be nice and don't be a cheapskate and that advice will save you from many legal problems.

And this also assumes there will be no language barrier.

[ffuts]

TO INTERCASA:

Thanx for your response. I am not considering a court case. But a very good friend of mine has had a case filed against him. The case is dormant as of now, but ...

The person who filed the suit does NOT have an FM-3 (was here on tourist visa at time suit was filed last year) and is probably unable to obtain one due to lack of financial status.

In case you are interested, it appears that there is not any substance to the case.

Thanx again!

[Mainecoons]

There's a good reason you don't see the airwaves in Mexico (unlike the U.S.) clogged with ads from ambulance chasing, lawuit happy slimebag lawyers. It is very difficult to get anywhere with lawsuits. Very much to Mexico's credit IMHO.

[Intercasa]

Probably is dormant as it doesn't make sense to throw good money after bad. Why spend thousands suing someone who has no money and then would would just leave the country?

This is why i say don't trust someone who is white like you, get references, copies of ID, deposits and have a firm written contract that is proper. You'd be surprised how many foreigner deadbeats there are wondering around.

[ffuts]

TO INTERCASA:

I'm sorry. It appears that there is a misunderstanding.

I don't understand your reply.

I am not trying to get into a racial argument (You really don't know that I am white, black, yellow, or brown.), an immigration argument, or any kind of an argument.

All I asked was what legal resident status does someone need to file a suit in Mexican courts.

As I stated, I don't want to do this. I don't know anybody who wants to do this.

But I do know someone who is a longtime Mexican resident who has had a case filed against him by someone who is NOT a legal resident.

He doesn't need any advice about what he should do.

All he wants to know is what I asked: What legal resident status does someone need to file a suit in Mexican courts?

Thanx again for what I hope to be a more friendly response.

[Intercasa]

My point wasn't racial at all, but just to alert people to not assume because someone looks like them or speaks their language or is from their home country that they are automatically honest. This happens alot. I used white as it covers US, UK and Canada.

[Mainecoons]

ffuts, I personally know folks who have lived in Mexico for quite a number of years and tried to sue a Mexican contractor who actually billed them for materials that were then used by same to build another house. They got nowhere, the contractor "got to" the judge.

I've yet to hear any stories of a "gringo" successfully suing a Mexican. I'm sure it has happened, its just that the odds don't seem so hot. Keep that in mind before you spend any money on a lawsuit against a Mexican. That's not racist either, that's just the way it works here. Heck, I'll bet you could find similar situations NOB where an outsider tries to sue one of the local "good old boys" and gets no where with the local judges.

Our impression after two years is that people who move to Mexico from the U.S. should leave that "sue 'em" mentality behind if they want to keep their sanity.

[Peter]

Mainecoons, on 12 March 2010 - 12:52 PM, said:

ffuts, I personally know folks who have lived in Mexico for quite a number of years and tried to sue a Mexican contractor who actually billed them for materials that were then used by same to build another house. They got nowhere, the contractor "got to" the judge.

I've yet to hear any stories of a "gringo" successfully suing a Mexican. I'm sure it has happened, its just that the odds don't seem so hot. Keep that in mind before you spend any money on a lawsuit against a Mexican. That's not racist either, that's just the way it works here. Heck, I'll bet you could find similar situations NOB where an outsider tries to sue one of the local "good old boys" and gets no where with the local judges.

Our impression after two years is that people who move to Mexico from the U.S. should leave that "sue 'em" mentality behind if they want to keep their sanity.

First of all, if the lawsuit is in limbo, leave it alone and certainly do not spend any money on a lawyer.

However, if a lawsuit is worth pursuing, then one should go ahead and pursue it, no matter how frustrating the experience turns out to be and, it is frustrating. We are suing a local well-known builder who did something similar to us like using our money towards another home, etc. The amount of money stolen from us makes this action worth pursuing. I will tell you that after two and a half years, we still have gotten no further than the issue of whether I signed the contract or not. Of course I did and it is witnessed but this is nothing but a stall tactic and no doubt in my mind the judge was "got to". This last week, I reached the saturation point and have filed a complaint against the judge with his superiors in Guad, the Governor of Jalisco, President Calderone, and have asked assistance from the American consulate. We'll see what happens.
If the builder and attorney think we will get so frustrated and just walk away, they are wrong. Eventually, this will make it through the legal system and, if the judge rules against us, because he was bought, then it goes to the higher court where, we understand from numerous lawyers, the judges cannot be gotten to as they will not risk superb pensions for a bribe.

And, it is not costing me anything as my attorney is on a contingency basis. No win then no money for him. The builder, however, is spending a great deal of money for his lawyer trying to keep this from proceeding because he knows once this stall tactic is over with, the vast amount of evidence and witnesses against him make his defense non-existant.

I was falesly accused, by a Mexican sub-contractor, of cheating him out of money for work he had supposedly performed. This was nothing but trumped up charges in an attempt to extort some money out of me, which I refused to pay. He did no more than what was in our contract and which he was paid in full.

Anyway, one day I am served legal papers from the court in Chapala requiring me to answer questions by his attorney. I decided to handle this myself, without an attorney, knowing they had to provide a translator since I do not speak Spanish. To make a long story short, after testifying and presenting my proofs, the attorney informed the court she and her client were dropping the charges. You can win here if you are not intimidated and willing to go the distance.

[DC5]

ffuts, on 12 March 2010 - 10:04 AM, said:

TO INTERCASA

I don't understand your reply.

All I asked was what legal resident status does someone need to file a suit in Mexican courts.

As I stated, I don't want to do this. I don't know anybody who wants to do this.

But I do know someone who is a longtime Mexican resident who has had a case filed against him by someone who is NOT a legal resident.

He doesn't need any advice about what he should do.

All he wants to know is what I asked: What legal resident status does someone need to file a suit in Mexican courts?

Thanx again for what I hope to be a more friendly response.

Forgive me if I'm wrong but I don't think that the OP still got their question answered. They're not asking if they should sue or the likely results of suing someone. Read the question!

[Intercasa]

I answered the question, people need to prove they are legally in the country whether it be by showing an FMT, FM2, FM3, inmigrado or voting credential.

[seewee]

ffuts, on 11 March 2010 - 12:59 PM, said:

Is it true that it is necessary for one to be a legal resident of Mexico (have an FM-3) to initiate a lawsuit in Mexican courts?

A friend of mine was on a FMT visiting Mexico. He had paid $2,000 US deposit to a Mexican agent against an apartment he wanted to rent. The money was taken away (stolen) by the agent who worked independently, never to be seen.

My friend went to a lawyer with the evidence, two weeks after their arrival, and when they left three months later, they were at point zero.

The following year, they tried to push the lawyer and it went nowhere. You know why? Because that “thief” the defendant refused to testify so, the judge threw the case out of court. That is justice for you.

You can sue, even if you are just visiting Mexico, BUT is it really worth it.

That is another question.

[Tingting]

DC5, on 12 March 2010 - 03:42 PM, said:

Forgive me if I'm wrong but I don't think that the OP still got their question answered. They're not asking if they should sue or the likely results of suing someone. Read the question!

To the OP and this posting, I'm not trying to stir up trouble, but it seems to me that Intercasa is providing a valuable (and very free) service when people ask for his help. If he misunderstands the question or there's a problem, I don't think it's necessary to be so abrupt when telling him that he didn't understand (not this poster, the OP's response). Maybe that wasn't the intention, but we often don't realize how hard our words come across when it's in writing.

I've learned a lot from his postings (and many others as well) and I'd hate to think we scared him off because we didn't like the answer.

FWIW, this is a great question.

Tingers

[Mainecoons]

In the example I cited, the people suing had FM3s. They also had a very well documented case. Didn't matter, it was gringo vs. connected Mexican, guess who won?

[Peter]

seewee, on 14 March 2010 - 01:08 PM, said:

A friend of mine was on a FMT visiting Mexico. He had paid $2,000 US deposit to a Mexican agent against an apartment he wanted to rent. The money was taken away (stolen) by the agent who worked independently, never to be seen.

My friend went to a lawyer with the evidence, two weeks after their arrival, and when they left three months later, they were at point zero.

The following year, they tried to push the lawyer and it went nowhere. You know why? Because that “thief” the defendant refused to testify so, the judge threw the case out of court. That is justice for you.

You can sue, even if you are just visiting Mexico, BUT is it really worth it.

That is another question.

There is something amiss. The way it usually works here: The Defendant is served with legal papers requiring him to appear for testimony at the court house on a certain date and time. If he does not appear, he is served a second time. If he does not appear then, an award is issued to the Plaintiff. This comes from personal experience in the court house in Chapala.

[Intercasa]

For most dealings with the government / attorneys you need to prove you are legally here. Its not like the US don't ask don't tell policy. Your status is usually listed in the document, John Smith, American, married, FM3 # 123456, etc.

If you are sued you need to find a good attorney right away. Don't procrastinate as you need to respond within about 2 weeks AND list defenses and witnesses so if you delay and / or pick a lousy attorney then you'll be in real trouble as you need as much time as possible to prepare and properly respond.

There isn't an option here like in the US where you can get relief from default due to mistake, inadvertence, surprise, excusable neglect or attorney error.

[cheerful]

We filed an amparo/lawsuit last year. It was the saddest waste of time. Don't forget how corrupt it is here. It was filed in Guadalajara and we were not given choice of who our judge would be. He was picked out of a hat or randomly. The day of our hearing, we went to the judge's office w/our attorney, were told that it was unusual for us to show up for the initial hearing and asked to come back in the afternoon after the judge made his decision. A story that would make your head turn as we read the response in the office that afternoon. The judge didn't even sign a vital piece of evidence, turned his head and didn't even acknowlege the piece(or someone in the office kept it from him) and noted that we didn't show up for the hearing. That part still burns me up! We also noted that the money our attorney collected to make legal copies of our FM3's were simple copies. With that, we dropped the case. Couldn't trust our attorney & realized the legal system is too corrupt.

To make the system go round and round, our attorney recommended we write up another amparo and submit it, knowing that another judge would see our case. This can go for what, 6 or 7 times? I can't remember how many judges there are. It's really sick. Being that I'd never been involved with a lawsuit in the US, I don't understand how the legal system works, but it doen't take a genius to figure it out. Our attorney took advantage of us, gave us false hope, and thank God my husband put a stop to it. Perhaps one is more involved in a particular field but attorneys seem to be worth a dime a dozen here. They certainly do not have the clout that one has in the US. I've heard several times,"to find a good attorney," but have yet to find one.