What You Need to Know (Lo Que Debes Saber)
Mexican Civil Code (Codigo Civil)
Mexico operates under a federal system with both federal and state civil codes. The Codigo Civil Federal applies to federal matters, while each state has its own civil code for local disputes. Most consumer and contract matters follow the Federal Civil Code.
Requerimiento de Pago
A proper demand letter (requerimiento de pago or carta de reclamacion) must clearly state the claim, amount, legal basis, and payment deadline. This formal notice is typically the first step before any legal action.
PROFECO (Consumer Protection)
PROFECO (Procuraduria Federal del Consumidor) is Mexico's consumer protection agency. They offer free mediation and conciliation services for consumer disputes. Filing a complaint with PROFECO is often more effective than court.
Statute of Limitations
The general limitation period (prescripcion) in Mexico is 10 years for most civil obligations. Commercial claims typically have shorter periods (5 years). Consumer rights have their own timelines under the Ley Federal del Consumidor.
Mexican Legal Framework (Version 30 Segundos)
Mexico uses a civil law system based on codified laws. The Codigo Civil Federal and state civil codes govern contracts and obligations. The Ley Federal de Proteccion al Consumidor provides strong consumer rights. For consumer disputes, PROFECO offers free mediation - often faster and more effective than court. Civil disputes go to Juzgados de Primera Instancia (trial courts). For small claims, the Juicio Oral Mercantil (oral commercial trial) provides expedited proceedings. A formal demand letter establishes your claim and is typically required before litigation. Late payment interest follows contractual terms or the legal rate set by Banco de Mexico. This tool helps create that formal notice - for complex cases, consult a licenciado en derecho (attorney).
Common Questions (Preguntas Frecuentes)
Do I need a lawyer in Mexico?
For PROFECO complaints, no lawyer is required - it's free and designed for self-representation. For court proceedings, a licenciado en derecho is highly recommended. The demand letter is the essential first step.
What is PROFECO?
PROFECO is the Federal Consumer Protection Agency. They mediate consumer disputes for free, can impose fines on businesses, and provide a faster alternative to court. Very effective for consumer issues.
Should the letter be in Spanish?
For legal enforceability in Mexico, all legal documents must be in Spanish. Mexican courts only accept Spanish documents. International contracts may require certified translation.
What interest can I claim?
Interest rates follow the contract terms or the legal rate set by Banco de Mexico (TIIE). For commercial transactions, you can claim the agreed rate. Consumer contracts have specific protections against excessive interest.
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