HMH Legal assists
foreign and national companies by helping them prevent and resolve
problems of unpaid receivables out of international credit sales.
To prevent problems
we will assist you by creating a SYSTEM OF SALES that will secure your
transaction without adding major formalities that your sales department will
easily reject. If you are planning a delicate one-time transaction or
conducting major volume credit sales, our corporate department will assist
you secure such transactions by providing a binding CONTRACT and SECURITY
DEVICE that will be enforceable in Mexico.
If you have problems
already, our team will pursue the DEBT COLLECTION process out of court until
full recovery is made. However, should your debtor not respond to our
amicably demands, we will immediate pursue LITIGATION (legal action) through
our team of expert collection lawyers.
HMH Legal also assists
foreign organizations with international judicial cooperation such as
OBTAINMENT OF EVIDENCE and SERVICE OF PROCESS in Mexico for use abroad, and
ENFORCEMENT of foreign JUDGMENTS and ARBITRATION AWARDS in Mexico.
Out of court debt collection
of our business is out-of-court collection and litigation. HMH Legal uses
pre-legal collectors as well as litigation attorneys to collect your debt
in a friendly setting first. Only when an amicable is not possible, we
will recommend our cases to the litigation department to asses the
possibility of bringing suit against your debtor.
HMH Legal handles only commercial claims from local, national and
international companies abroad. Consumer claims are not accepted by the
Specialized legal services
Legal debt collection and complex litigation.
litigation department will assure the best possibility of a successful
outcome in Court and in the debt recovery process overall. Our litigation
strategy is unique, brining in a team of specialized attorneys (both in-house
and of-counsel) to handle every matter going to Court. Our local
correspondent attorneys help us reach most major cities of Mexico by
overseeing our cases locally on a daily basis.
Enforcement of foreign judgments and arbitration awards in Mexico.
The scenario for
enforcement of foreign judgments in Mexico is not an easy one to foreign
has signed only two international treatises for recognition and enforcement
of foreign judgments of which only one is in effect between Mexico and other
Latin American countries (not
or Canada). Consequently, the procedure for enforcement is done according to
Mexican Law, and it is a complicated one.
Our firm can help you complete this process in all phases, since preparation
of the formal request until proper execution of your judgment by our local
Mexican Courts. The same can be done with your arbitration award.
of process and obtainment of evidence in Mexico for its use abroad.
Service of process in
Mexico has to follow very strict (or sacramental) formalities provided under
our local procedure codes in each State of
in order to be able to enforce a judgment resulting out of this service of
process. The obtainment of evidence has to follow these strict guidelines
also and special requirements in the formal requests from the foreign courts
(letters rogatory) in order to be allowed by a
Our attorneys have wide experience in this area and can help you achieve
either goal for proceedings overseas.
Securing credit sales into
There are many different,
easy and affordable ways of securing a credit sale heading into Mexico. Our
staff’s experience in cross-border litigation and expertise in international
commercial law guarantees you the best alliance for preventing an
· Open credit sales.
are selling on open account credit terms our attorneys can help develop
a secure system of sales by accommodating a proper credit application
that includes essential terms and conditions of sale, and analyzing and
implementing proper documentation such as purchase orders, delivery
receipts, invoices, promissory notes, etc.
· Conditional sales.
If you are selling heavy machinery, vehicles or high-priced industrial
components or equipment on credit, a conditional sales contract could
help prevent disposal of such goods by your customers until totally paid.
pledge (prenda). Just as in the above situation,
for sales of heavy machinery, vehicles or high-priced industrial
components or equipment, well as raw materials or inventory, you can
create a lien on
the sold goods.
lien will extend to proceeds out of
a sale to third parties by your debtor.
agreements (hipoteca). A
security interest on the debtor’s
real estate property is one of the most
safest ways of securing a credit
sale. Upon default from your debtor you can immediately foreclose on the
· Guaranty trust
(fideicomiso). A guaranty trust will serve just
as well as the mortgage agreement and the commercial pledge, but will
allow for an immediate foreclosure proceeding out-of-court conducted by
a financial institution acting as a trustee.