Have Legal Questions? Ask a Lawyer Now.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
It's possible, yes, that this could happen. There would first need to be a judgment against that individual, meaning that there would have to be a lawsuit, a judgment obtained, then a "perfection" of that judgment. After that, the judgment would need to be taken to Mexico and "domesticated" (meaning sought to be enforced with the courts there). Only then could there be a lien filed against that property, so while it is possible, it is not as easy as it sounds.
It is time intensive, expensive, and difficult to go after international assets of a judgment creditor. I myself have had such a situation in which I had a judgment but could not really enforce it because of the expense involved.
Ok, what if the property is "technically" not owned by the American, rather owned by a "bank trust" through a legal document called a "fetas camisa" (not sure if spelling is correct.) many americans use this and these fetas camisas are good for 99 years?
Then it would even be more difficult to go after.
The trust would need to be shown to be an "alter ego" situation, in that it would be solely for the avoidance of creditors, and that would be difficult.
Again, it's possible, but very difficult (and thus expensive and time consuming).
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
please give me a minute....coming up with 1 more question
the american, (who lives in mexico full time and is apparently not planning on going back to the usa); he has a business there; could his (mexican) business be liened?....also, someone tried unsuccesfully to serve his mom in colorado; can he technicaaly be sued w/ out being sued or in absentia
served, not sued
The business couldn't be liened unless the business was in his personal name. That is, if it was an LLC, LLP, Corporation, or other limited liability structure, that would not be able to be liened. Now he could be sued, and service could be made by publication (if he couldn't be found), which could allow for the case to move forward and get a judgment against him.
But even then, enforcement of that judgment is something else entirely.
Even finding those assets are difficult, if they're not in his name and in another country.
...much less trying to attach them or file liens against them.
Thank You very much!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).