Could I have been sued in Mexico without knowing?

The short answer is yes. The long answer is: if you have reason to believe someone could have sued you, it is always better to use a service like the one we provide to query all the digitally available filings in Mexican courts.

How can a Mexican lawsuit be filed against you without you knowing?

Mexican Law requires plaintiffs to designate an address for notification of the lawsuit to the defendant. Nevertheless, the plaintiff can always swear by oath to the court that your address is not known to him.

If such manifestation is done by the plaintiff, then the court usually requests authorities like the National Electoral College or the local Public Registry for information on the defendant. This request usually result on nothing, so then the court notifies by publications in newspapers.

Not only the digital era has made printed newspapers irrelevant, even before nobody read judicial publications; those little squares that every reader avoids reading.

If after 30 days of publications in state or national journals, no one comes to the court to represent the defendant; then the notification is considered legal and the trial starts without one of the parties.

Many people in Mexico have lost all they owned for frivolous lawsuits notified by newspapers.

How can I prevent this?

We recommend supplying always your addresses to federal and local authorities, so that in case a court is looking for you, you can be found.

We also recommend running queries on courts at least every other month if you have reason to believe you could be sued. If you don’t, then run one query a year just to be on the safe side. Remember, we offer a service for this.

Can I fight this type of notification after it’s been done?

Yes, as long as you can prove the plaintiff did know where to find you or that the courts didn’t took enough actions to locate you. This is done by an Indirect Amparo on the procedure, one which we could do for you if you need to. You may always contact us for this or any other matter.

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