We are process service experts ready to serve Mexico as soon as this week. Start your litigation or move it forward with our Mexico process service company, Process Server One, offering three decades of experience as Mexico process servers. Start with a free consultation by filling the forms to the right, or learn more about our Mexico process servers below.
Process Server One started serving legal documents more than 30 years ago. We’ve aided law firms and state and federal agencies, building close relationships with government officials including members of the U.S. Department of State. By continually serving legal documents abroad, we’ve built expertise with foreign process service laws. And today, Process Server One serves in more than 80 countries with rush service available everywhere.
With offices serving major regions around the world, we are well networked throughout every continent. Process Server One has Mexico process servers located in both metropolitan and rural areas. Our Mexico process service company is recommended for their due diligence and staying up to date with 2021’s fastest process service methods.
Our Mexico process servers keep clients up to date through Process Server One’s online portal, which makes it easy to request an update on any assignment in progress. For a small fee, our Mexico process service company will file your Proof of Service with the appropriate court (just ask before we begin). In addition to serving papers, our Mexico process service company gladly helps to track, trace, and locate missing people or businesses as it relates to process service. A skip trace can quickly reveal new information to get your case back in progress.
By tracking legal changes and current events, Process Server One’s Mexico process servers understand the best ways to expedite assignments and beat pressing deadlines. In addition to rush service we offer to serve your legal paperwork informally, which can save months of time compared to formal service through the Hague Convention.
Note: Process service in Mexico (formal and informal) can vary greatly because customs and traditions lead to delays year round. If you choose rush service, Process Server One’s private network of Mexico process servers and government officials may be able to minimize slowdowns despite the circumstances. Bring any specific questions to a free consultation with our experts.
What Makes Process Server One a Reliable Mexico Process Service Company?
- Fair and up-front pricing on every assignment. Every time. Without hidden fees
- Service methods accepted by all courts worldwide
- Licensed and registered international process servers with decades of experience
- Rush service available to beat deadlines, serving over 80 nations globally since 1986
Here’s How Our Mexico Process Service Company Works
Mexico and the United States are signers of The Hague Service Convention (treaty) that governs service of process to be affected between the two nations. Service will be made by formal service through the Central Authority which itself arranges for service by methods prescribed in Mexico. Documents to be served in accordance with this method must be translated into Spanish.
Mexico has recently changed its policy (without proper notification) regarding formal service of process. Mexico now requires formal service by Letters Rogatory in addition to the formal service request through the Hague Service Convention. Letters Rogatory is a request from the local Court seeking judicial assistance of the Courts of the jurisdiction where the documents are to be served. Although it is a very cumbersome and time-consuming procedure, it is currently required by the Mexican government. We will handle everything for you.
It is important to note that Mexico currently attempts to place various roadblocks to delay service upon their citizens and business entities. We stay on top of the latest developments to ensure that all current requirements are met. However, if Mexico imposes future additional requirements after the service assignment has been received by them, additional charges will be required to satisfy their demands. Note: This is the only Hague Service Convention nation which continually violates the provisions of the treaty and attempts to violate their obligations under the treaty. **
Upon receipt of your assignment, we will prepare Letters Rogatory and the Hague forms and return them to you for issuance by the Clerk of your local Court. You will return them to us, and we will arrange for translation, as well as translation of the service documents. Again, documents to be served in accordance with this method must be translated into the official language, Spanish. The Service will be completed via the Central Authority, which itself arranges for service by methods prescribed in Mexico. The time frame can range from 3 to 5 months (recently 4 months). This is the only officially recognized method of process service in Mexico.
Service by private process server in Mexico is an option, although not recognized by the government of Mexico. Even though such service will result in a U.S. judgment, it will not be enforceable in Mexico. Currently, the time frame for the completion of informal service is approximately 2-4 weeks. Some courts require a court order prior to making informal service. If you do not intend to attach assets in Mexico, and only seek to satisfy the court that all defendants have been served, this is an optional method for process service in Mexico.
NOTICE: Personal service in Mexico is highly unlikely due to high security. Most businesses and many residences have security guards who will deny access to the defendant. You should obtain a court order, in advance, allowing for substituted service on an employee, household member, or security guard. Such service is usual and customary in Mexico.
The Inter-American Convention on Letters Rogatory and Additional Protocol (IACAP) are a pair of international agreements designed to facilitate judicial assistance between countries. The United States interprets those agreements as limited to covering service of process and countries must be a party to both agreements in order for a treaty relationship to exist.
Replacing the traditional letters rogatory process, the IACAP provides a mechanism for service of documents by a foreign central authority — the Department of Justice is the U.S. Central Authority under the IACAP. Requests from the United States are transmitted via a private contractor carrying out the service functions of the U.S. Central Authority on behalf of the Department of Justice.
While the terms of the IACAP limit its application to civil and commercial matters, it also permits countries to choose to apply it to criminal and administrative matters. Only Chile has declared that it will apply the IACAP in such cases. Note that foreign countries may have different legal interpretations as to what types of actions are considered “administrative matters.”
The required form may be found online at the website of the Department of Justice’s contractor. Formal letters rogatory are not required.
The request for service should include the original and two copies of the form, and three copies of the summons and complaint or other documents to be served.
While it is not necessary to translate the form into the language of the foreign country, the documents to be served (such as summons and complaints) must be translated into the foreign language.
Unlike the Hague Service Convention, the IACAP requires the form to bear the seal and signature of the judicial or other authority of the country of origin and the signature and stamp of the Central Authority. The clerk of the court in the U.S. where the action is pending must place their seal and signature on the form where it reads “Signature and stamp of the judicial or other adjudicatory authority of the state of origin”. The Department of Justice’s contractor will execute the signature/stamp of the U.S. Central Authority.
While the IACAP provides that processing requests shall be free of charge, it also permits Central Authorities to seek payment by parties for costs incurred for services necessary to effect service in accordance with local law. Some foreign countries will charge fees of $25.00 to the foreign central authority. If service is sought in countries other than Mexico and Argentina, a certified check or money order in the amount of $25.00 made payable to the foreign central authority should be forwarded along with the form and the documents to be served. If no fee is charged the check will be returned.
The foreign central authority will execute page 7 of the form as proof of service.
Special Note Re Border States: The IACAP permits courts in border areas of the states parties to directly execute the requests and such requests shall not require authentication. It is important to note that if attorneys representing clients in border states transmit requests directly to foreign Central Authorities, those Central Authorities transmit the proof of service to the U.S. Central Authority. It is important therefore that the request state where the executed request should be returned. This information should include the name and address of the attorney. The U.S. Central Authority also advises that Mexico requires that a request transmitted from a border state to the Mexican Central Authority be authenticated in accordance with the Hague Apostille Convention.
Time Frame: The time required to execute a Convention request is not much faster than the letters rogatory procedure in some countries. As a general rule it may take from 6 months to a year for a request to be executed. The U.S. Central Authority advises that Argentina and Peru have succeeded in processing requests more quickly, generally within three months.
Service by Mail: Neither the Convention nor the Additional Protocol expressly provide for service by mail. Litigants should consult local counsel to determine if mail or other methods of service are available, and what effect the use of alternative methods might have on later efforts to have a U.S. judgment locally enforced.
U.S. Reservation Concerning Obtaining Evidence: The United States made a reservation pursuant to the Convention excluding its application to requests to obtain evidence. Litigants may wish to consult local counsel to determine what methods are available. For general information on seeking evidence overseas through the letters rogatory process, see our website.
Service in the U.S. Under the Convention: While alternative methods for service such as personal or mail service are permitted in the United States, the private contractor carrying out the service functions of the U.S. Central Authority on behalf of the Department of Justice also accepts requests from foreign Central Authorities for service of process in the United States. The private contractor does not charge a fee for service requests made pursuant to the Convention and Additional Protocol.
Foreign Central Authorities: Information on foreign Central Authorities may be found on the Organization of American States’ website.
Most countries require the documents to be translated into the official language of the nation where they are to be served (in this case, Spanish). Translation is required if the Formal method is used and recommended if the Informal by our process server in Mexico method is used. It is possible, although rare, that a demurer could be filed based upon lack of understanding by the defendant as to the nature and meaning of untranslated documents. We offer translation services at rates quoted below.
Service of process*
*All fees are per defendant/address
** Note: Services that are rejected by the Central Authority, due to changes they have recently imposed, are subject to additional charges, including translation.
Translation: $0.38 per word (proper nouns not translated)
Notary: not available in all countries. Inquire for cost and details.
Copies: billed at local rates per page. Inquire for cost and details.