A Reliable Solution for Debt Collection in Monterrey
At HMH Legal, we collect your outstanding debt in Monterrey quickly, without incurring court and legal fees.
20+ years of experience, collection by real lawyers
No Win, No Fee
Mexico debt collection
S.M.A.R.T. collection process
plan, for debt collection
Does debt collection in Monterrey seem like a waste of time?
At HMH Legal, we know you want to confidently collect your commercial debt in Monterrey, but at the end of the day, it feels like debtors can simply walk away without paying, while you are powerless to stop them from abroad.
- Monterrey’s debt collection environment is hard, due to Mexico’s unique culture.
- The Mexican legal system is complex and courts in Monterrey, slow, and sometimes ineffective.
- Lawyers outside of Monterrey don’t truly understand the Mexican culture and it’s unique legal system.
- In the end, it feels like a debtor can simply walk away without paying.
You have an outstanding debt to collect in Monterrey, you shouldn’t feel powerless. Our lawyers in Monterrey can help collect your debt amicably.
We know how important successful
debt collection is for your business.
That’s why our law firm’s singular focus is giving international businesses a reliable means of collecting debt in Monterrey.
HMH Legal uses savvy pre-legal collectors as well as
experienced litigation lawyers to assist creditors in
"I selected HMH Legal over other firms because I had prior knowledge of them through industry conferences in the USA over the years, and I felt comfortable reaching out to them. What surprised me the most was how quickly they got a response from the debtor. I was really surprised because our debtor (former client) was blowing me off, refusing to respond to any of our emails or phone calls."
“HMH Legal always made us feel confident that we would get our money back, despite the inefficiencies and complexities of Mexican courts, in addition to an elusive debtor with his team of lawyers trying desperately to avoid paying their debt. HMH Legal delivered at the end, with a full recovery exceeding $800,000 USD.”
“Dear Romelio. Finally, we have received the last payment from x-Debtor. It has been a real good effort from you in helping us retrieve this amount from them. We do appreciate it so much. Your work has been extremely good, you have been patient, watchful and careful, gentle but firm and your strategy was excellent, giving out whenever needed and holding on when situation warranted. You could bring the pressure and sustain it over the years on x-Debtor and did a crucial job during the final stages to take it to a good conclusion, which helped both parties. You have been true to your word and faithful and sincere to your job, which we can vouch for anyone. Thank you so much Romelio for your excellent work. The Board congratulates and sends its appreciation.”
Why HMH Legal for your debt collection in Monterrey?
Our lawyers in Monterrey will visit the debtor immediately to start collection efforts and negotiations.
When amicable collections are futile, we escalate your claim in court by our experienced litigation lawyers.
Our amicable approach to collection is faster and more efficient than more aggressive methods and preserves business relationships for the future.
Debt Collection Lawyers
20+ years' experience on debt collection of international commercial claims throughout Mexico.
Focus on Creditors
We focus exclusively on protecting creditors, by securing trade credit and collecting their debt.
Contingency Fee Model
Collect unpaid money with no hidden costs or undue risk. You don't pay any fees if we don't collect.
No Collection — No Fee
HMH Legal’s “SMART”
Debt Collection Process
Submit claim for collection with forwarding letter
Mitigate risk by review of documents, legal remedies available, limitation period, etc.
Assess claim and investigate debtor to determine reservation point from BATNA, and plan of action
Reach out to debtor through amicable and prompt collection efforts
Target claims that merit legal action and advice clients accordingly
HMH Legal is a law firm that focuses exclusively on the protection of creditors
At HMH Legal, we know you want to feel confident about selling on credit in Mexico. This requires a reliable solution for protecting you as a creditor.
Most international businesses have two challenges with selling on credit to Mexican companies:
- Proceeding with business in Mexico without a proven plan or a plan at all, risking everything at the hands of a dishonest or incapable customer.
- When there’s outstanding debt to be collected, many partner with unproven firms who have no legal expertise, risking good claims and incurring losses.
That’s why, HMH Legal is a law firm that focuses exclusively on the protection of creditors.
In the last 20+ years, we’ve helped over 1,000 international companies confidently sell on credit in Mexico and collect any outstanding debts amicably and legally.
If you want to sell on credit or have an outstanding debt to collect in Mexico, you shouldn’t feel powerless. We can assist and give you ease of mind by securing your transactions and collecting your debt.
Romelio Hernández, Lawyer, President of HMH Legal
Our office in Monterrey.
Calle Ángel Martínez Villarreal No. 2722, Col. Chepevera
Monterrey, N.L., CP. 64030, México
+52 (81) 2519-3733
+1 (619) 400-3482
Debt Collection in Monterrey
The Mexico States Rule of Law Index 2020-2021 from the World Justice Project has ranked the State of Nuevo Leon (where Monterrey is located) #3 out of 32 States in Mexico, as it pertains to civil justice. Back in 2013 and based on a survey study on “Commercial and Mortgage Contract Enforcement in Mexican States” undertaken by the Asociación de Bancos de México, the Instituto Tecnológico Autónomo de México (ITAM) and the firm Gaxiola Calvo S.C., Moody’s Mexico had ranked the courts in Nuevo Leon as EC1, which was the top performer within the courts of all States in Mexico.
This means that the courts in Monterrey are among the most reliable and better performing throughout the country.
Nuevo Leon has taken the lead on online justice since 2008, when they started to regulate and allow access to an online justice system that facilitated the filing of certain legal actions (lawsuits) or proceedings in matters related to civil and commercial law. Since 2008, their technology has been constantly improved to make it more efficient and intuitive to use. It was implemented in response to the growing need to provide prompt and efficient justice.
On the other hand, federal courts have also developed an online system that, similarly, allows parties to start different legal actions (lawsuits and amparos) and follow up with the filing of pleadings, celebration of hearings, and different interactions with the legal proceedings. In 2020, at the height of the Covid pandemic, the federal government opened up this access to online justice for civil and commercial matters, which has facilitated and expedited the filing and prosecution of debt collection cases through the courts.
Collecting a commercial claim is completely different than collecting consumer claims, which merits a different treatment. A commercial claim arises out of business-to-business (B2B) contracts or transactions. Creditors will usually have one or a few claims worth thousands of dollars against other companies, as opposed to having a multitude of small amount claims against individual consumers, which is the usual situation with consumer claims. Thus, the approach by the collection firm is key for success as treatment of a commercial claim is more complex and difficult. If you are hiring a debt collection firm to pursue collection of your debt in Monterrey, you must make sure that the firm meets the following attributes:
- Physical presence. Your collection firm must have a physical presence in Monterrey. They should be able to immediately move fast, visit the debtor and knock on their door. This is key for confirming your debtor’s actual presence as well as his legal and financial situation, and to signal to the debtor that legal action is imminent. A collection firm making phone calls from far away will simply not convey a real threat to a debtor in Monterrey, and their potential (favorable) reaction will be null.
- Law Firm. Your claim should not be handled by unqualified individuals or firms who do not understand the legal environment in Monterrey, including creditor liabilities out of debt collection efforts. Lawyers will usually provide the necessary leverage in tough negotiations, during debt collection.
- Debt Collection Lawyers. Your lawyer should be familiar and comfortable with debt collection. Debt collection requires the art and skills of persuasion, negotiation, and even sales, and your lawyer should command these traits and be willing to talk to the debtor on your behalf. You do not want a corporate lawyer hiding behind a desk. You want someone who will handle your collection claim enthusiastically and knock on your debtors’ doors right away.
- Litigation. Preferably, you should retain a law firm with a success in a litigation practice. A litigation lawyer will be able to realistically assess your collection claim for litigation and advise you properly about the strengths and weaknesses of your case, all important in determining your “reservation point” based on your BATNA (“Best Alternative to a Negotiated Agreement”) for negotiation during collection efforts. A litigation firm will also be ready to escalate your claim through the courts immediately, should those actions be required.
- No Win, No Fee. Your collection firm should offer to work on contingency fees (no win, no fee), which requires them to share the risk and cost of pursuing your collection claims. You need a true partner and not a lofty law firm that will charge you by the hour with the potential of spending thousands of dollars with no recovery in sight.
- Ethical Conduct. Your collection firm must be mindful of the ethical and legal regulations on debt collection and provide services under a strict compliance policy and guidelines. This will include all legal regulations, including general liability principles of lenders and creditors for wrongful conduct.
Yes. Effective September 2nd, 2015, a federal law was passed (Decree A/002/2015 by the Federal Consumer Protection Office (“PROFECO”) pertaining regulations for debt collection firms) to regulate debt collection practices by commercial entities (creditors) as well as debt collection firms. These regulations impose certain obligations, restrictions and sanctions upon creditors and their debt collections firms regarding debt collection practices with all debtors throughout Mexico, including Monterrey.
- Creditors. Obligations, restrictions, and sanctions are imposed not only to debt collection agencies or firms, but also to creditors themselves. Therefore, liability can be imposed to creditors directly for wrongful or illegal collection efforts undertaken by their appointed firms to act on their behalf to collect a debt.
- Commercial debt. These regulations apply not only to consumer debt, but to commercial debt as well, that is, outstanding debt out of business-to-business (B2B) transactions. While these regulations are intended to protect consumers and, thus, it is questionable whether wholesale transactions are within its scope, the regulations are silent to this respect, and it cannot be clearly defined such scope. Thus, consideration should always be taken on the obligations and restrictions imposed to creditors and, consequently, a close inspection on the practices by their firms or lawyers in Mexico should be kept.
- Foreign firms. The scope and intention of the regulation is the protection of consumers in Mexico. Thus, any collection effort in Mexico can and will subject foreign entities and individuals to the sanctions provided under the regulations, even if firms retained to undertake these efforts are independent and located in Mexico. We have yet to confirm a case where sanctions were imposed to a foreign firm, but we believe the Federal Consumer Protection Office (“PROFECO”) does have authority to start proceedings for wrongful debt collection practices against foreign commercial entities (creditors) and impose sanctions thereof.
Several States, as well as the Federal Government, have passed legislation that criminalizes “illegal” debt collection practices, with sanctions that range from one to six years in prison. The way these crimes are regulated in each jurisdiction differs substantially but, in general, their intention is to prevent debt collection practices or efforts through illegal means, including acts of intimidation, harassment, or violence, or through the use of false documentation, such as seals or court documents (which used to be a recurrent illegal practice by some collection firms).
The State of Nuevo León (where Monterrey is located) is no exception, sanctioning similar illegal collection efforts as a crime under article 294 bis of the State Penal (Criminal) Code, with prison time that ranges from six months to two years, in addition to granting relief for damages.
Other crimes that are closely related to illegal collection practices and that constitute crimes in themselves include threats (“amenazas”), defamation (“difamación”), slander (“calumnia”), and extortion (“extorsión”), all regulated under State and Federal law and usually punishable with prison.
Monterey is a city located in Monterey County on the southern edge of Monterey Bay on the U.S. state of California’s Central Coast. Monterrey, on the other hand, is the capital and largest city of the northeastern state of Nuevo León, Mexico, which is the second most competitive State in Mexico, as per the 2021 Index for Competitiveness of States, issued by the Centro de Investigación en Política Pública (Center for Investigation of Public Policy) of Instituto Mexicano para la Competitividad A.C. In fact, Monterrey is probably the second most important city in Mexico (economically) behind Mexico City.
HMH Legal has an office in Monterrey, México, where it provides services related to debt collection, litigation, and other legal services, exclusively in the Mexican region. HMH Legal does not provide any legal or debt collection service in Monterey, California, USA.