Short answer
A company can collect from a customer in another Mexican state, but the contract and the instrument decide where to sue. If the parties expressly submitted to the courts of Guadalajara or Zapopan (or of the place of payment), the claim can be filed there (Commerce Code art. 1093). Absent such a clause, the competent judge is, in this order, the one for the place the debtor designated to be served with demand for payment, the place agreed for performance, and the debtor's domicile (art. 1104). Steps outside Jalisco are carried out by letters rogatory (exhortos).
What the law says about the competent court
- Express submission (art. 1093): the parties clearly and unequivocally waive their forum and choose the courts of either party's domicile, the place of performance of any obligation, or the location of the asset. If several forums were agreed, the plaintiff may choose among them.
- Statutory order (art. 1104): absent a clause, (I) the place the defendant designated to be required to pay; (II) the place of performance set in the contract; (III) the defendant's domicile. For a company, domicile is where its administration is located.
- If the debtor has no fixed or known domicile, in personal actions the judge of the place where the contract was signed is competent (art. 1107).
Why the contract and the pagaré matter
- Jurisdiction clause: state expressly that the parties submit to the courts of Guadalajara or Zapopan, Jalisco, waiving any other forum.
- Place of payment: in the pagaré, invoices and contract. If a pagaré states no place of payment, the maker's domicile is taken as such (LGTOC art. 171).
- Address for demand of payment designated by the customer.
What if the customer answers the claim in Jalisco?
The Commerce Code also recognizes tacit submission: a defendant who answers the claim or counterclaims, or who fails to challenge competence within the time allowed, is deemed to accept the court (art. 1094). Competence must be challenged by inhibitoria or declinatoria within the period to answer the claim (art. 1114). Even so, filing in a forum without basis is a poor bet: if the debtor challenges and wins, time is lost.
Attaching assets in another state
When the case is in Jalisco and the debtor or its assets are elsewhere, service, demand for payment and attachment are requested from the local judge by letter rogatory. That adds time, so sometimes it is better to sue directly at the debtor's domicile with an allied lawyer there. For urgent precautionary measures, the judge of the place where the defendant or the asset is located is also competent (art. 1112).
| Situation | Where to sue | Source |
|---|---|---|
| Signed express submission to Zapopan | Zapopan / Guadalajara | CCom 1093 |
| No clause, pagaré payable in Zapopan | Place of payment | CCom 1104 II |
| No clause, no place of payment | Debtor's domicile (administration) | CCom 1104 III |
Documents to gather
- Signed contract with the jurisdiction clause.
- Promissory notes showing the place of payment.
- Invoices, purchase orders and proof of delivery.
- The customer's corporate details and where its administration actually is.
- Information on the debtor's assets and the state where they are located.
Frequently asked questions
Can I sue in Guadalajara if the customer is in Monterrey?
Yes, if there is an express submission to Guadalajara courts, or if the agreed place for demand of payment or performance is here. Otherwise, the general rule is the debtor's domicile.
Is a jurisdiction clause printed on the invoice enough?
It may not be. The safest option is a signed contract with a clear waiver of any other forum, signed by someone with authority.
Do I need to travel to the other state?
Usually not. Service and attachment are carried out through letters rogatory (exhortos) or by an allied lawyer in that city.
What is an exhorto?
A request from the judge hearing the case to a judge in another place to carry out a step there, such as serving the debtor or attaching assets.
Does an out-of-state collection take longer?
Letters rogatory add time that depends on each court, so the strategy should be defined from the start.
Related: commercial debt collection · precautionary attachment · all guides · versión en español