Yes, we are able to serve all over Mexico.
However, fees might increase according to the Court in which the lawsuit must be filed. In many cases, such Court is located in the same state where you last resided in Mexico.
We will inform you in advance if that would be the case.
In general, yes. You can invest us with power of attorney abroad (at the Mexican Consulate located in your current country of residence), and provide us with the required documents via courier.
If you are in this situation, we can help you to find the way to initiate the case.
Bear in mind, that time and expenses may increase significantly in these type of situations because of the number of procedures that need to be carried out.
As for our fees, they usually remain the same, except in those cases that require our team to invest exorbitant amounts of time to gather all the elements of the case.
Usually we cover the majority of expenses incurred directly by us during representation.
However, our fees will never include notarial fees (e.g. power of attorney) and other significant expenses that might arise during our services; in such cases, we inform in advance and proceed until client´s approval.
Our legal fees do not include taxes, which might be charged if necessary. We inform in advance whenever that happens.
Yes.
Even though we consider that our fees are fair, in Conventus we always seek to recognize the circumstances that might supose an access barrier for our legal services; if necessary, we aim to achieve an agreement that allows almost everyone to exercise their legal rights.
Historically, we have even provided our services in exchange of payments in kind.
Cash, wire transfers and almost every credit/debit cards (via Paypal).
After we file the lawsuit, within a payment period of 40 days.
Directly transfered from the AFORE to your mexican bank account. Then you can transfer them to your account abroad.
No, the most likely scenario is that the current account balance will keep increasing during the whole trial procedure, until the moment that you finally withdraw the money.
It is impossible to precisely foresee the final withdrawal ammount, as it depends on the investment performance achieved by the AFORE that manages your account.
Investing us with a power of attorney is the only way that allows us to appear in Court on your behalf and to carry out other necessary legal procedures once you leave Mexico. Also, we must be provided with a certified copy of your immigration document.
Both documents are granted before a Mexican Notary Public, which usually charges fees that go from $2,000 to $5,000 MXN. This expense is not included in our legal fees.
This is a limited power of attorney, that states only the essential provisions to fullfill our services and prohibits us to go beyond the limits of the case in matter.
In addition, our signed Agreement for Legal Services expressly prohibits us to take any relevant action on your behalf without your consent.
As always, we constantly keep our clients updated with their case and with any other matter that requires their attention.
Along with every activity required in the trial procedure, we would also be able to attend other procedures before your AFORE and to open a bank account on your name (if necessary), for the sole purpose of recieving the retirement funds if the case is won.
The power of attorney and the signed contract prohibit us to perform any other action unrelated with the case, and to collect or spend your money by ourselves.
Nevertheless, we do state in the signed contract our right to retain the success fee from the final withdrawal (only if the case is won).
No, the power of attorney allows us to represent you throughout the process.
It usually ranges from 1 to 1 1/2 years.
The time required to complete any of the procedures, rely solely on the Authorities and Courts involved.
This is a case that usually falls within a range of 90% chance of success.
However, as any other lawyer we cannot guarantee that victory will be achieved, as such scenario depends on a variety of circumstances and ultimately on the Judge´s criteria.
As explained here, several courts have already ruled on behalf of our contentions.
As explained here, several courts have already ruled on behalf of our contentions.
However, currently Mexico City is the only place with a mandatory judicial criteria on behalf of expats. Any other Court can still rule an unfavorable judgement on the case.
According to our ethical standards, we will never guarantee that a certain result will be achieved.
Some cases imply certain circumstances that might lead to a defeat, and there is always the possibility that further legal reforms turn impossible what was possible in the past.
Experience already tells us that the defendant will always appeal, not minding the odds against him.
Of course, if we get an unfavorable ruling in 1st instance, we will appeal until victory is achieved.
Either way, it´s reasonable to asume that 2nd instance will occur.
You can know it here.
During the sales process, we always verify if our clients were affiliated to IMSS.
Yes. However, this type of cases supose a twofold difficulty: first we would need to prove that you effectively work in Mexico, and only then we would be able to file the lawsuit for the retirement funds.
These situations require an in-depth analysis by our lawyers and a singular plan of action.
Contact us if that´s your case. We can help you to explore the available options.
It´s a type of financial institution in charge of managing the retirement accounts of workers in Mexico and of channeling them into investment funds with the aim of rendering perormances for the benefit of those workers.
There are 11 AFOREs in Mexico, each of them with a different performance rate.
If an AFORE offers you a better performance rate, you can move your account to it; as long as you still reside in Mexico.
You can know it here
During the sales process, we always verify the AFORE that manages our client´s account.