Short answer
A corporate collections firm receives the company's past-due portfolio, reviews the documents behind each account, decides which accounts to negotiate, litigate or write off, and reports progress to credit, finance and legal. The legal route depends on the document: executive proceedings for promissory notes and checks, oral or ordinary commercial proceedings for invoices and contracts.
What the service includes
Portfolio review
Documents, deadlines, debtor address and risk per account.
Out-of-court collection
Formal demands, negotiation and written settlement agreements.
Litigation
Lawsuits, precautionary measures when available, and enforcement.
Nationwide coverage
Accounts in other states through correspondent lawyers.
Account-level reporting
Status, filings and next step in your preferred format.
Typical situations
A distributor stops paying
A regional distributor builds up past-due balances, signed promissory notes when its credit line opened and starts selling its assets. Retention of assets and executive proceedings are assessed.
Receivables spread across states
Dozens of customers with mid-size balances in different states. Jurisdiction clauses are reviewed and correspondents are assigned where needed.
These are typical situations that illustrate how we work. They do not describe actual clients or results.
Frequently asked questions
Before writing off old accounts, check our guide to the statute of limitations for commercial debts in Mexico. If a customer has filed for insolvency, see customer in concurso mercantil; to freeze assets, see precautionary attachment; for notes, promissory note enforcement; for invoices, unpaid invoices; to protect new sales, see securing trade credit in Mexico.
How is a commercial debt collected in Mexico?
It starts with a formal demand and, if needed, a lawsuit under the Commercial Code. With a promissory note (pagaré) or a check, an executive commercial proceeding (juicio ejecutivo mercantil) generally allows the court to order an attachment of assets from the outset. Invoices and contracts are usually pursued through oral or ordinary commercial proceedings.
How long do we have to collect a promissory note?
As a general rule, the direct action on a promissory note expires three years after its due date (General Law of Negotiable Instruments and Credit Operations, article 165).
Can we sue a customer located in another state from Guadalajara?
It depends on the contract. If the parties expressly agreed on the courts of Guadalajara or Zapopan, the claim can be filed there (Commercial Code, article 1093). Otherwise, we work with correspondents in the debtor's state.
Can assets be frozen before the lawsuit?
The Commercial Code provides for a precautionary retention of assets when there is a liquid and enforceable debt and a well-founded risk that the debtor will hide or dispose of assets. The requesting party must post a bond.
