Serving a Respondent Who Resides in Mexico

Yes. All the respondents to a court case must be properly served, regardless of where they live.

Yes. If the respondent is in Texas (for business, to visit, etc.), they can be personally served with the court papers by a constable, sheriff, or private process server. Typically, this is much easier than attempting to serve the respondent in Mexico. 

Yes. The respondent can sign a waiver of service so that you do not have to go through the process of officially serving them. However, waivers must be signed in front of a notary. So, the respondent must either go to a notary in Mexico or go to a U.S. Embassy or Consulate, where notary services are often available.

The preferred method for serving a party is Mexico is to do so under the Hague Service Convention.

The Hague Service Convention was drafted to simplify and standardize the international service process. Mexico is a signatory to this convention and it is the preferred method for serving a party in Mexico. 

Note: The Hague Service Convention does not apply if you do not know the address of the party that needs to be served. 

1. You must have your petition translated into Spanish. 

2. Request an original citation or summons from the court clerk where your case was filed. 

3. Have the citation or summons translated into Spanish. 

4. Complete the trilingual Spanish-English-French Request for Service Abroad form available on the Hague Conference website. 

5. Send an original and copy of the English version and the translated version of the petition/complaint, citation, and Request for Service Abroad to the Mexican Central Authority.

6. After sending the appropriate documents, you’ll need to wait for a response, which can take several months. Typically, the Central Authority will send a “return of service” to the District Clerk where you filed the case, so you may need to periodically check with the District Clerk to see if they have received anything. 

Yes, contact the Mexican Central Authority using their phone number or email address.

If you don’t know the address of the respondent, you cannot do service under the Hague Service Convention. If you are dealing with a family law case, you may be able to do service by posting or publication.

If your case is a divorce without children, read Service by Posting (when you can't find your spouse in a divorce without kids).

If your case involves children, read Service by Publication (when you can’t find the other parent). to learn more about service by publication.

No. However, because the process for serving a respondent in a foreign country can be long and complicated, it is helpful to hire a lawyer if possible. If you need help finding a lawyer, you can:

• Use our Legal Help Directory to search for a lawyer referral service, legal aid office, or self-help center in your area.
• Check out our Legal Events & Clinics page for free legal clinics in your area.
• Use Ask A Question to chat online with a lawyer or law student.