Precautionary measures in Mexican courts — available from day one of mandate.
U.S. Companies · Contractual Disputes Against Mexican Counterparties
Your Mexican counterparty
breached the contract.
Your exposure is real.
Your window to act is not.
When a Mexican supplier, distributor, or partner fails to perform — or walks away with your money, your market, or your rights — the recovery path runs through Mexican courts. The strength of that case depends almost entirely on what happens in the first days after the breach.
CONTRACTUAL
BREACH
Non-delivery, non-payment, violation of agreed terms
DISTRIBUTION &
EXCLUSIVITY
Territory violations, parallel sales, unauthorized competitors
ASSET &
DEBT RECOVERY
Seizures, injunctions, debt collection in Mexico
Get a Case Assessment
FOR C-SUITE & CENTRAL COUNSEL · CONFIDENTIAL
Every inquiry is reviewed by a senior partner within 2 business days.
Attorney-client privilege applies from first contact.
FEDERAL & STATE COURTS · MEXICO CITY
ASSET SEIZURE & PRECAUTIONARY MEASURES
ENGLISH-FIRST · NO TRANSLATION LAYER
PRIORITY RESPONSE · PARTNER-REVIEWED
What you lose while you wait
In Mexican commercial law, delay is not neutral. Every week without a filed claim, a formal demand, or a precautionary measure is a week the counterparty uses to move assets, reassign contracts, or build a defense. Here is what’s concretely at risk.
Assets
A counterparty that knows a claim is coming has time to transfer, encumber, or dissipate assets before a court can freeze them. Precautionary measures stop this — but only if filed first.
Rights
Distribution agreements, exclusivity clauses, and territorial rights erode in practice when not actively enforced. A competitor your distributor feeds is a market share loss that is difficult to quantify and harder to recover.
Evidence
Documents, emails, and financial records in the counterparty’s possession can be altered or destroyed before proceedings begin. Mexican law allows for evidence preservation orders — but only if requested in time.
Leverage
The counterparty’s willingness to settle drops sharply once they’ve organized their defense. The window where a formal demand alone produces a negotiated resolution is narrow — typically 30 to 60 days after the breach.
The two situations we handle most
Both involve a Mexican counterparty that did not honor what was agreed. The legal path is different for each — and so is the cost of waiting.
BREACH OF CONTRACT
Your Mexican supplier or partner did not deliver — and now they're not responding.
Whether the contract was for goods, services, or a joint operation, the breach creates a recoverable claim under the Mexican Commercial Code. The strength of that claim depends on the documentation trail, the specific failure, and whether penalty clauses were drafted with enforceability in mind. We assess what you can recover before we recommend a strategy.
- Formal demand under Mexican commercial law — triggers legal interest and formal notice
- Executive mercantile proceeding for documented amounts owed
- Precautionary asset freeze before the counterparty moves funds
- Damages claim including consequential losses under Mexican civil and commercial law
Distribution & Exclusivity Violation
Your Mexican distributor is selling outside agreed terms — or feeding your competitors.
Exclusivity and territorial restrictions in distribution agreements require active enforcement in Mexico. A distributor operating outside agreed parameters while holding your brand, client relationships, or proprietary pricing creates compounding damage with every week it continues. We move on two tracks simultaneously: injunctive relief to stop the breach, and damages for what has already occurred.
- Injunctive relief to immediately halt unauthorized distribution activity
- Contract termination for cause — preserving your right to damages
- Recovery of lost margin and market share through commercial litigation
- Transition strategy to replace the distributor without operational disruption
Three enforcement levers. Applied in the right sequence.
Recovery in Mexico is not a single proceeding — it’s a coordinated sequence of legal pressure. GAA structures all three simultaneously from day one.
01 · IMMEDIATE PRESSURE
Formal demand + precautionary measures
A formal demand under Mexican commercial law does more than notify — it starts the clock on legal interest, establishes bad faith if the counterparty continues to ignore it, and creates the foundation for an accelerated court proceeding. Filed simultaneously with a request for precautionary measures, it changes the counterparty’s calculation immediately.
- Formal notarial demand letter
- Asset freeze & account holds
- Property & inventory injunctions
02 – STRUCTURED RECOVERY
Litigation or forced
negotiation
When the demand does not produce a settlement, the case moves to court or arbitration. Executive mercantile proceedings — available when the debt is documented — produce judgments faster than ordinary proceedings and allow immediate enforcement of the award. When the counterparty prefers to settle under legal pressure, we structure agreements that are enforceable in Mexico, not just signed documents.
- Executive & ordinary mercantile proceedings
- ICC / CANACO arbitration
- Binding settlement enforcement
03 – FULL COLLECTION
Award enforcement & asset recovery
A judgment that cannot be collected is not a victory. We manage the full enforcement cycle: locating attachable assets, executing court orders against bank accounts and real property, and — when the counterparty has structured itself to be judgment-proof — piercing the corporate veil where Mexican law permits. The process does not end with the ruling.
- Asset identification & attachment
- Bank account & property execution
- Corporate veil piercing where applicable
From your first contact to enforced recovery
01
Case Assessment
A senior partner reviews the breach, your documentation, and the counterparty’s profile. We identify what claims are viable, whether precautionary measures can be filed immediately, and which enforcement path — litigation, arbitration, or structured demand — produces the best outcome for your specific situation. You receive a written assessment, not a retainer pitch.
02
Strategy & Mandate
We present the recommended approach with realistic timelines, cost estimates, and recovery probability. If immediate action is needed — a precautionary measure, an injunction, a formal demand — we can file the same day the mandate is confirmed. Your GC or outside U.S. counsel is kept fully informed in English at every stage.
03
Enforcement & Collection
GAA pursues the claim through Mexican courts or arbitration and manages the full enforcement cycle through collection. When a settlement is reached — at any stage — we structure it so the agreement is binding and enforceable in Mexico. The engagement does not close until the outcome is locked in and the recovery is complete.
What you need from litigation counsel in Mexico
Home
Field
Partners based in Mexico City — not referral networks or remote advisors filing through firms they don’t control.
No
Relay
Your GC speaks directly to the partner handling the case. No account managers or intake coordinators between you and the strategy.
Priority
Response
Every inquiry is reviewed by a partner within one business day. If the situation is urgent, we treat it that way from the first contact.
Full
chain
Demand, filing, proceedings, enforcement, collection — the same firm executes the entire sequence without handoffs.
Case Assessment · No Commitment Required
The counterparty already has a head start.
Every day you don't file
is a day they use.
Tell us what happened. A partner will review the breach, assess what can be recovered, and identify whether immediate action — a precautionary measure, a formal demand, or an injunction — needs to be filed now.
Attorney-client privilege from first contact · All information strictly confidential
GIMÉNEZ & ASOCIADOS ABOGADOS
Corporate Law · Mexico City · Polanco
MEXICO CITY DIRECT LINE
© 2026 Giménez & Asociados, S.C.
Attorney-client privilege applies from first contact.
This page does not constitute legal advice.