MEXICO Law and Practice Contributed by: Enrique Espejel, Diego Mora-Jensen, José Joaquín Pacheco and Luis Enrique Pérez García, White & Case
• Commercial bankruptcy – the enforcement of the judgment recognising the creditors’ claims is car - ried out before the judge who heard the insolvency proceeding and is regulated by the Commercial Insolvency Law. If the merchant and its creditors have reached an insolvency agreement, the judge will verify that the merchant complies with such agreement. In the event that the company reaches the bankruptcy stage, the judge will verify the dis - position of the company’s assets and the payment ordered to the creditors. • Judicial bank liquidations – the enforcement of the judgment recognising the creditors’ claims is car - ried out before the judge who heard the judicial liq - uidation and is regulated by the Credit Institutions Law. In this bankruptcy proceeding, the dissolu - tion of the credit institution is necessarily sought through the sale of assets with the participation of the Instituto para la Protección al Ahorro Bancario (the government agency in charge of deposit insur - ance). • Criminal proceedings – the execution of rulings ordering the serving of a criminal penalty (eg, imprisonment) is regulated by an exclusive law (the National Criminal Execution Law) and carried out by judges who specialise in the completion of sentences. 2.3 Costs and Time Taken to Enforce Domestic Judgments There is no average timeframe for the enforcement of a judgment delivered by a domestic judge, as various factors can modify the time – and the cost – on a case- by-case basis. However, the following considerations should be taken into account. There are approximate procedural times for the inter - mediate steps between obtaining the judgment and its enforcement. • Notice of the judgment to the parties – once a judgment has been rendered, it must be notified to the parties so they can proceed with its enforce - ment or challenge it, in the event of disagreement. The period for notification of a judgment may vary depending on the labour saturation of the juris - dictional body, as this notice is usually served at the address of the parties. However, the authors
believe that this stage takes approximately one to three weeks to complete. • Resolution appeal – once notified of the judgment, each party has the opportunity to appeal the judg - ment and have the decision reviewed by a superior court. The timeframe for challenging a judgment varies from nine to 12 days. Once this occurs, the appeal process could last from three to ten months. • Amparo proceeding – the parties may use the amparo proceeding, which is an autonomous pro - ceeding in which a federal collegiate court reviews whether the final judgment respects the human rights of the parties. The amparo proceeding could last from six months to two years. • Modifications to the final judgment – in the event the higher judicial body decides to modify the initial judgment upon resolving the challenge or amparo proceeding, the judge will have between three and 15 days to deliver a new judgment, which may be challenged again by the parties should new issues arise from this judgment. • Voluntary compliance period – once the deadlines for the parties to challenge the final judgment have ended, the judge will give the loser a period of five business days to comply voluntarily with the judgment. Otherwise, the order for specific perfor - mance will be enforced. The timeframe and costs for enforcing a judgment in each specific case will also be affected by: • labour saturation of courts and judicial bodies; • cost of legal counsel and expertise; • method to execute the judgment, which will depend on the type of judicial proceeding; and • availability and use of online trial tools to expedite court proceedings. • unforeseeable causes – for example, the Mexi - can Judicial Reform of 2024, which resulted in a federal election to appoint all judges in the country, thereby causing significant delays in the judicial proceedings.
2.4 Post-Judgment Procedures for Determining Defendants’ Assets
Once the court issues the final judgment and the peri - od for voluntary compliance granted by the judge to
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