Serving Papers in México
Private process servers are not a part of Mexican civil court procedures. Your document service cannot be routinely handled by a private server making daily rounds within any locality in México. Your service request will always be a special dedicated effort for just your need. There is nowhere near enough demand to support a private process serving industry in México.
Cost for serving U.S. and Canadian papers depends upon the following variables:
Distance from a capable private server
Number of attempts required and hours chosen for the attempts
The option of substitute service
Necessity to stay overnight at a location and waiting time on site
Preparation of a “Proof of Service” or notarized affidavit
Translation requirements
Choice of shipment for return of documents to you
When a mere proof of service is required, our associates can complete the form and return it to you by courier, such as DHL, UPS or Fedex, or by mail.
Notarized affidavits are more complicated. The two options are a U.S. Consular Agent or a Mexican attorney. We recommend using a U.S. Consular Agent.
U.S. Consular Agent: Within México there are thirteen representatives of the U.S. State Department. Only they can lawfully notarize U.S. court documents and the current U.S. Government fee is $50.00 or the Mexican peso equivalent at U.S. Government exchange rate. These agents will notarize an affidavit which is written in English. Depending upon location in Mexico, an appointment may be required and will add an hour or two, or more to the final cost.
In locations where a U.S. Consular Agent is not convenient, a Mexican lawyer appointed as a “Notario”, has the authority to notarize a server's signature on an affidavit. Their fee may range from $45.00 to $70.00. The affidavit they notarize has to be translated into Spanish by a licensed translator or originally prepared in Spanish. In some instances, these lawyers are picky enough to insist that there be a licensed translation of the underlying document so that they know what they are attesting to. It takes about a full hour for preparation of the lengthy documentation at a lawyer's office. It is accepted by clients on select occasions and is not a legal notarization in the U.S.
Service of foreign documents upon any person, within México, may by law be disputed by the recipient. Many clients accept this possibility and see it as a worthwhile risk when compared to the lengthy and costly Hague Convention procedures.