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  1. Good day everyone, Here is the video of last Sundays Open Circle performance. I hope you all enjoy it. For my channel HERE To subscribe HERE For all of my videos HERE For old Open Circle episodes videoed by Roy (adding one a day until they are all up) HERE For new Open Circle episodes starting July 29th 2018 (and newer)(adding one a week) HERE
  2. Good day everyone, Here is the video of last Sundays Open Circle performance. I hope you all enjoy it. For my channel HERE To subscribe HERE For all of my videos HERE For old Open Circle episodes videoed by Roy (adding one a day until they are all up) HERE For new Open Circle episodes starting July 29th 2018 (and newer)(adding one a week) HERE
  3. Good day everyone, Here is the video of last Sundays Open Circle performance. I hope you all enjoy it. For my channel HERE To subscribe HERE For all of my videos HERE For old Open Circle episodes videoed by Roy (adding one a day until they are all up) HERE For new Open Circle episodes starting July 29th 2018 (and newer)(adding one a week) HERE
  4. Good day everyone, Here is the video of last Sundays Open Circle performance. I hope you all enjoy it. For my channel HERE To subscribe HERE For all of my videos HERE For old Open Circle episodes videoed by Roy (adding one a day until they are all up) HERE For new Open Circle episodes starting July 29th 2018 (and newer)(adding one a week) HERE
  5. Mexico shortens waiting periods for some consular services Today in the Official Federal Register (DOF) Mexico published changes to the wait times for many consular services. This is the Mexican government's compliance with its National Development Plan for 2013-2018 and Goal V of "Mexico with Global Responsibility." The services where wait times have been shortened are services offered in Mexican Consulates outside Mexico. Examples of these services and wait times are: Certifications of Foreign Corporations, Legalization of Signatures and Documents and Powers of Attorney whose wait times have dropped from 30 days to 10 days. Menaje de casa for Mexicans and foreigners where wait times have dropped from 30 days to 10 days. Passport issuance where wait times have dropped from 10 days to 3 days. http://www.dof.gob.mx/nota_detalle.php?codigo=5434218&fecha=22/04/2016
  6. Last month, International Living released its Global Retirement Index for 2014, a list of countries ranked according to the efficiency of their health care system and how well they make for retirement destinations. Here are the top 5: 5. Mexico Medical tourism has ballooned south-of-the-border because of the United States’ increasingly high prescription drug costs. Health insurance costs roughly $300 per year in Mexico, with private plans costing more but still far less than what its neighbor to the north charges. Despite its recent status as the most obese country in the world, Mexico only ranks a handful of places below the U.S. in life expectancy, with female life expectancy still exceeding ours. And if for whatever reason you find yourself in the hospital in Mexico, be grateful you’re only paying $35 for the night, not $1,700 like you would in America. For the full story click on the link below: http://www.medicaldaily.com/top-5-countries-health-care-low-cost-prescriptions-and-expertise-make-happy-healthy-citizens-271188
  7. Today I saw an article on the internet about Mexcio that was not all bad news. MSN.ca had the article "10 Safest Places to Visit in Mexico now" and showed some nice photos of places like Oaxaca, Tulum, etc. which are tourist destinations not known for the violence seen in other parts of the country. Nice to see some good news stories instead of the usual blood and violence ones. Could this be that maybe the press has stopped bashing Mexico so hard??
  8. Interesting article on Pemex http://www.economist.com/news/business/21583253-even-if-government-plucks-up-courage-reform-it-pemex-will-be-hard-fix-unfixable
  9. 6 Big Mistakes People Make in Mexican Lawsuits It is 8:00am and you are drinking your morning coffee and there is a knock at the door. Jehovah's Witnesses? That neighbor wanting to borrow a cup of sugar? Who could it be? Oh it is Spencer... but wait... there are police are there and a bunch of Mexican guys in suits as well as a tow truck. What is going on? Would you refuse to come out? Would you come out to find out what was going on, then remember you owe money to a hospital or person and then run back inside and slam the door and hide? That could cost you your door as many court orders for embargos have orders to enter forcefully and if not and you want to hide inside then the plaintiff's attorney will just apply for such an order and break in to serve you within a few weeks. That’s mistake number 1. As a Mexican attorney (with my cédula profesional), litigator, and official court translator, I have accompanied court officials on many different court procedures involving foreigners. It’s been my experience that most foreigners don’t know how the Mexican legal system works. And when that’s compounded by being represented by bad attorneys, who don’t prepare their clients well or monitor the strict timelines involved, many foreigners don’t get good results as defendants in a lawsuit, or even plaintiffs for that matter. To try to raise awareness a little, I’ve developed a list of common mistakes people make and information so that people know what to expect in civil litigation as well as know what their attorneys should be doing. If you owe someone money (in a tenant/landlord or hospital promissory note dispute, for example,) and they decide to file a lawsuit, one of the first things that happens in Mexico is that the plaintiff (the one you owe money to) can get a “pre-judgment right to attach” order (called an embargo) to secure collateral from you for the value of what they say you owe them well actually up to 3 times the amount in dispute. The reason for that is so you won’t get rid of your assets and plead poverty if you lose the suit. When you get served with the lawsuit papers at your door, the server (called a notifier in Mexico), usually accompanied by the police, plaintiff's attorney and a tow truck to get your car or a truck to take seized items, has a right to enter your house or to force entry as set out in the courts order admitting the lawsuit and approving the embargo, and they will not pay for damages (unless at the end you won the suit). The court personnel conducting the procedure should also be accompanied by a court authorized and appointed translator if you don't speak the Spanish language well enough to understand the legal issues of what is going on. If there isn't, you can appeal the lawsuit later, and get it kicked out where they would reset the case to the time where you were served. Not knowing this is mistake number 2. Once there, the court execution secretary will probably ask what property you want to place for collateral. That could be your TV, your jewelry, your car, your house—anything the plaintiff knows you have of value. If you stutter, refuse or don't tell them then the plaintiff's attorney may choose which items as defendants gets the first opportunity and if they refuse then they lose that right. They can either take the merchandise with them, or notify you that the property is collateral in the lawsuit and cannot be disposed of and you will be the judicial depository with criminal penalties if you dispose of the property. But you don’t have to accept that. That’s mistake number 3. You have the right to decide what can be embargoed. Do they want to take your car because you owe someone 5,000 pesos? Tell them they can embargo the TV, instead. You should also be aware that there are legal exclusions to what can be embargoed: basic necessities—such as tools of your trade and home furnishings among other items—cannot be taken. At this point, you’ll probably have panicked and called your lawyer, who says he’ll be right over. That usually doesn’t work. First, the notifier or court execution secretary is not going to wait around for any period of time nor will they want to argue with some lawyer who may or may not know what he is talking about and who will not be able to change or stop what is happening. He wants to get the merchandise written, noted and / or loaded up and go. Second, no lawyers will show up in the 5 minutes they said they'd arrive and the court will not wait. So, what’s your best bet? If you have the money the person says you owe, pay it on the spot, show receipts that it was paid and if you give cash or a check and make sure you get a receipt signed by the attorney for the plaintiff. You can always file a lawsuit of your own to get the money back, if it’s worth it to you but some attorneys have been known to play games with items and hide them while they file appeals to pressure defendants into accepting a settlement. If you don’t have the money, and if you’ve agreed to have something embargoed (especially if they take it away), take a photo of it first to make sure you get back exactly what they took (if you win the lawsuit). All property taken or signaled in the embargo will be listed in detail on the written statement made by the court execution secretary and you will receive a copy. The paper you’ve been served will state the date by which you (your attorney) has to file a response to the suit, which will be 5 days for summary cases [landlord tenant often falls under this category] and 8 days for regular cases under Jalisco State law and causes of action and 8 days for executive action [these are the most common for collection of pagares or promissory notes] s, 9 for oral trials and 15 for regular mercantile suits under the Federal Commerce Code, remember all days start the day after service and are court business days. This is a much shorter period of time than north of the border, where the norm is 30 days and where your time to respond is the later of the 30 days period or when the opposing party file a request to enter default with the court. You will want to gather all the evidence and witnesses you can to defend yourself during the short amount of time you have to respond to list them in the response. Not doing this is mistake number 4. No delays of time are granted and failing to file a response within the time permitted by law will have you be in default and all the allegations made against you will be presumed true. If the time to respond has passed and the other side has not requested the court take your default, the court would still reject any response after the statutory time limits as untimely. Also in most cases you must list evidence and witnesses known to you in your response as any evidence offered after making your written response may be rejected by the court or objected to by the other party. When a hearing is subsequently scheduled, make sure your attorney takes the time to prepare you and your witnesses properly. This doesn’t happen in a surprisingly large number of cases. The defendant and the witnesses go into the hearing cold, and are overwhelmed or confused by the proceedings and by the kinds of questions being asked. The party or witness needs to know what the issues in dispute are so they can reasonably predict the questions they will be asked. People who do not speak Spanish will have the right to have a translator appointed by the court present to translate as well as read to them at the end the record made of the hearing. The party offering the evidence pays the translators fees. This is mistake number 5 that people often make. When the hearing day comes, if you’re late (even 10 minutes), you will not be able to have that evidence as part of the court record from which the judge will issue a ruling and the plaintiff can win the suit as you will have less evidence to bolster your case. That’s mistake number 6. Almost everything in Mexico runs late except the court system. If you arrive on time, but your witnesses don’t, you will lose their testimony. There’s no make-up time or delays save for a medical emergency. So, when the judge eventually decides on the case, if there is little or no evidence, the opposing side may win if they met their evidentiary burden. These are the most common mistakes people make when they have to defend themselves in a lawsuit. It’s important for people to know their rights and how the legal system in Mexico can work for them or against them. Here is a list of most of the procedures people will have with the Mexican courts as a party or affected third party Emplazamiento - This is where the notifier serves the lawsuit on the defendant. You will be asked to identify yourself when they arrive at your door as they wouldn´t want to divulge personal information to third parties nor serve the wrong person. You are under no obligation to give them your ID nor sign anything although being uncooperative in the process may cost you more time and money in the end as well as line the pockets of the attorneys. If upon first visiting your home you are not there and someone is there, the notifier will leave a citatorio or rquest to be there the next day and if you are not, then they may legally serve papers on whomever is at your home whether it be a family member or someone working there and then the clock starts ticking. If you are there then this is not the time to argue your case as any response and evidence and defenses must be in the proper written format and timely presented to the court. Notificacion - This is where the notifier notifies a person about some court resolution that may affect them. Embargo - This is where they come to ask you to pay a debt, then if not paid they proceed to designate property as collateral or levy or seize it and then after serve you with the lawsuit giving you the 5 or 8 days to respond and then they serve you with the suit (see emplazamiento above). Hearings: Ratificacon de la Solicitud - For mutual divorces where the parties acknowledge the request for divorce they submitted to the court. Avenimiento - This is where the judge or conciliation secretary asks the parties if there is any way to salvage their marriage and confirms they really want to get a divorce. Conciliacion - This is where the court secretary ask the plaintiff to make a settlement offer to the defendant and to see if the defendant accepts and then asks the defendant to make a settlement offer to the plaintiff and see if the plaintiff accepts, if neither party accepts than the court asks the parties if they wish to continue with the judicial process. Testimonial - This is where a party presents 2 witnesses to support one or many points in their lawsuit or may be used to have 2 people establish that 2 names listed for a person, i.e. Robert Smith and Bob Smith are one in the same person. Confesional - This is where a party to the case is asked questions by the opposing side. These are most akin to request for admissions in US discovery and if an answer is not clear or an unequivocal denial or evasive then the question is deemed admitted. Others: Separacion de Personas - This is what would be known as a "kick out" order in the US where 2 parties live under one roof and one has filed a criminal or civil complaint against the other and the offended party applies to the court to force the other one to leave the residence, they usually are only able to bring a suitcase of clothes, the judge and court secretary will usually both be there as well as the police. Lectura del Testamento - This is where a will is read with the heirs present where the court declares the validity of the will, the executor and what each heir is entitled to receive in the will. Ratificacon de la firma - For any document presented to the court substantially affecting their rights or settling a case, they want to make sure that the person really signed the document so there are 2 options, sign in front of a notary or bring the signed document and have a mini hearing in front of the court secretary where the signing party admits to signing the document. Lic. Spencer Richard McMullen, Abogado y Perito Traductor [Cédula Fed. #7928026, Estatal #114067] Perito Traductor autorizado por el Consejo de la Judicatura del Estado de Jalisco, mediante Boletín Judicial número 76 de fecha 22 DE ABRIL DEL 2013 Thanks to Lisa Jorgensen for transcribing my ramblings into a coherent form. Link to article http://mexicoexpatpress.com/issue/july/article/6-big-mistakes-people-make-in-mexican-lawsuits
  10. Union Ajijic is the youth soccer program for underserved kids in our community. It provides a positive alternative to the streets. There are about 30 - 40 kids involved in three age-groups. This Saturday is the final game of this season and we wanted to offer the community a chance to show their support by coming along and watching the game (or part of it). Soccer is a big part of the Mexican community and this is an excellent opportunity to be a part of it. And it's FREE! But if you want to be a real hero, you can bring along a soccer ball ($9 from Walmart - SIZE 5). For bringing a ball, we will take your photo with a very grateful team and have the team sign their thank-you's, and add your name to the title to demonstrate your support of the community. There will be someone at the entrance who will greet you and make the arrangements (no Spanish needed). The game this Saturday for the senior team will be at 1pm at the Cruz Azul field. The field is easy to find - it is next to Plaza Bugambillas and it borders the carretera. The entrance is two large blue gates on the street by the Plaza (the same street on which the tiangis is held). Our team is easy to spot - we are the only team in the league without any uniforms. We can't afford any, so they wear blue 'casacas' - a bit like cashier vests. If you in the market for some art, renowned local artist Liz Skelsey has some beautiful paintings for sale with all proceeds going to the team. Rather than asking for money, we would like to invite your involvement. You can be a part of Union Ajijic either giving your time, expertise or much needed equipment. We will soon have a little website running, but if you want to know more we have a Facebook group called 'Union Ajijic'. Or just contact me through this forum. Thank you.
  11. Hello I am Luis Beltran and i just want to share with this incredible community. an article that i've published on a magazine Nevada Lawyer back in 2011. only for you guys to know some general differences between countries. Luis Beltran, a 22-year-old law student from Mexico, spent his summer as a law intern in Reno, Nevada. He came to the United States as a 2011 Rotary New Generations Exchange student. He interned at Silverman-Decaria and Kentleman, Chtd., and Holland & Hart law firms. Mr. Beltran is a 3rd year law student at the Universidad Del Valle de Mexico in Guadalajara. I became interested in the United States legal system because of the presence of Americans I observed in Mazatlan. I realized that Americans desirous of opening a business or buying a real estate in Mexico must deal with the Mexican laws and legal procedures. With my preparation, knowledge of both languages and law systems, I will be able to assist in solving their problems. I have found many similarities and differences while comparing the Mexican legal system and the American legal system. The essential difference between the two legal systems is that Mexico is a "civil law" country, while the United States is a "common law" country. The differences start with law school education. In Mexico, law school begins right after high school. This means students need to decide at a very early age what field of study they will follow. Once in law school, it will take us 5 years to graduate. In Mexico it’s very common that after law school, students continue their studies and obtain a Masters in Law or a doctoral degree in a special area of the law. After graduating, we don’t take a bar exam nor belong to any state bar to be able to work. We just need to have our diploma and fill a form necessary to obtain our license, called “Cedula Federal” This license gives us faculty to litigate in any part of Mexico. In Mexico, for a contract to be valid, you only need the existence of an agreement between the parties involved. The consideration is not a requirement. In some cases, Mexican lawyers have to have the assistance of another lawyer called “Notario Publico” (Public Notary) in order to fill various legal contracts (deeds, wills, trusts, etc.) A public notary in Mexico is a lawyer with college education who has the authority to certify documents or to give official recognition to documents and certificates. The Public Notary authenticates facts that become irrefutable. The Mexican Notario Publico is responsible for the legality of the content of the document while the US Notary Public only certifies the identity of the signer. Another difference is that almost all of the proceedings in Mexico are written. Although some of these can be resented orally, all arguments, depositions and testimonies are typewritten. Law and Court clerks transcribe all facts and information and then all is attached to a record numbered chronologically. All the statements to be attached to the record are reviewed and signed by the judge. Those records are located in a room in the court handling the case. Parties on both sides of the case have access to these records. Sometimes one of the parties’ or judge’s presence is not necessary while taking a statement because everything is recorded on a document. If there were any disputes the judicial system applies a mechanism to challenge the validity of the statement. There are also a few differences in criminal law. For example, in Mexico you are guilty until proven innocent, opposite to the American way. There are no juries in Mexico, a fundamental right in the United States based on the 7th amendment. Also, in Mexico the decision or sentence is filed only by the judge. Such sentence is based on a criminal code that stipulates a range of sentences for each offense. There is no death penalty. In the area of labor and employment, Mexican law gives workers rights and protections that businesses in the United States are not required to provide to their employees. For example: employers are not permitted to fire employees without a cause; each year all employees receive a holiday bonus worth 15 days of work at the end of the year; employees participate in earnings of their employers; and medical care is a right guaranteed by the constitution. Health care must be provided to all Mexican workers through the IMSS (medical care institution) which is partially subsidized by the government. In Mexico we also have a summary proceeding called “Amparo.” This proceeding guarantees the individual’s rights in the event that any authority tries to violate them. One of the biggest differences regarding constitutional rights is that when in America a law is declared unconstitutional, that change applies universally to all the people. In Mexico, the law declared unconstitutional will apply solely to the party which filed the amparo. A common misconception is that in Mexico people don’t have the right to own arms, and that all of them are illegal. This is not true. The Mexican constitution allows citizens to own fire arms (legally) in their homes for security. Gun-control laws, however, are very strict and make owning a gun it very difficult (especially a high caliber gun). I have enjoyed my time in Reno, Nevada and I hope to return some day to exchange more legal and professional knowledge. BY LUIS BELTRAN
  12. Hi everyone! I wonder if there's someone that could give me some advice about the process of getting a visa to work in Guadalajara. My boyfriend turned in all the papers at INM and apparently everything was alright. We have been getting the following status when we check the piece number: Fecha Estatus Trámite Ubicación 26/02/2013 El trámite ha sido registrado Delegación Federal en Jalisco 26/02/2013 El tramite ha sido asignado Delegación Federal en Jalisco 27/02/2013 El trámite ha sido clasificado Delegación Federal en Jalisco 01/03/2013 Presentarse en una oficina del INM Delegación Federal en Jalisco 07/03/2013 Notificado en ventanilla Delegación Federal en Jalisco 21/03/2013 Registro de alcance Delegación Federal en Jalisco Does anyone know what does registro de alcance means? How long does it take to change from registro de alcance to the next step and what is it supposed to say after? Any advice or similar experience you can share will be much appreciated!!! Kind regards
  13. What does everybody think of Bruno's Restaurant?
  14. What does everybody think of Bruno's Restaurant?
  15. when i drove my car from Texas into Mexico 3 years ago, i had to get an aduanas sticker for the car and pay $400US or so as a bond. all my Mexico guidebooks say to make sure and surrender the sticker when i leave the Mexico in order to get my deposit back, and also in order to bring the car back into the country at a later date. has anyone gone thru this procedure? did it work? did they get their money back? thank you dpl
  16. Recently unearthed and restored is the Cañada de la Virgen archeological site and pyramid located about a 20 minute drive southwest of San Miguel de Allende beyond the presa or reservour. The area is tighly controlled and only accessable when escorted by an official tour guide. The site only became open to the public less than a year ago. It's a sight to behold. If you go be prepared for a mile hike to the site from the tour bus drop-off point and the hike back to the bus. The altitude is high and a water bottle and good shoes are recommended. The walking tour and climb up the steep and tricky steps of the pyramid is not for the faint of heart. You can learn more about the site here. I took these multi-exposure shots on October 8, 2011, at about 3pm when the sky was obscured by clouds and rain from hurricane Jova located off the pacific coast of Mexico.
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