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Commercial litigation in Mexico: choosing the court, oral and executive trials, attachment, appeal thresholds, costs and pre trial measures

Last verified: 2026-10-26 · Status: Stable

Commercial claims go to federal or state courts at the plaintiff's choice when only private interests are involved, and contract parties may pick the courts of either party's domicile, the place of performance or the location of the asset; courts charge no fees. Claims of a set amount run as oral trials with judgment read at the hearing and no ordinary appeal, while claims on enforceable titles such as promissory notes, notarial deeds or final awards run as executive trials that start with an order to pay and attachment of assets. Below MXN 924,300.58 of principal (2026) a first instance judgment cannot be appealed, pre trial measures are limited to preventing the debtor's departure and retaining assets, and a losing executive plaintiff or a party acting in bad faith pays the other side's costs.

USD conversions use MXN 18.5026 per US dollar, the US Federal Reserve H.10 noon buying rate in New York for 16 October 2026 (FRED series DEXMXUS), the latest observation available when this page was verified. Conversions are for orientation only.

Key facts

Court fees in civil and commercial litigation	None, judicial costs prohibited Constitution art. 17, as of 2026-10-26 · in force
Principal below which commercial judgments cannot be appealed (2026)	924300.58 MXNCódigo de Comercio arts. 1339 and 1340; Acuerdo DOF 18 February 2026, as of 2026-10-26 · in force
Days to answer an oral commercial claim	9 daysCódigo de Comercio art. 1390 Bis 14, as of 2026-10-26 · in force
Days to pay or answer an executive commercial claim	8 daysCódigo de Comercio arts. 1396 and 1399, as of 2026-10-26 · in force
Upper limit of principal for the oral executive trial, as written in the Code	4000000 MXNCódigo de Comercio art. 1390 Ter 1, as of 2026-10-26 · in force
Maximum fine a commercial judge may impose to enforce orders (2026)	11091.60 MXNCódigo de Comercio art. 1067 Bis; Acuerdo DOF 18 February 2026, as of 2026-10-26 · in force
Days to appeal a final commercial judgment where appeal is available	9 daysCódigo de Comercio art. 1339, as of 2026-10-26 · in force

The rule

1. Which court: federal or state, and the forum clause. Federal courts hear civil and commercial disputes about the application of federal laws or treaties, but when only private interests are affected the plaintiff may choose the state courts instead. The competent judge is the one the parties submitted to expressly or tacitly; an express submission must clearly waive the forum the law grants and may designate only the courts of either party's domicile, of the place of performance of any obligation, or of the location of the asset, and if several are named the plaintiff picks one. Failing a valid clause, the competent judge is, in order, the one of the place the defendant designated to be required to pay, the place of performance named in the contract, or the defendant's domicile (for companies, where their administration is).
Cost to do it: Drafting cost only; a forum outside the three permitted options is invalid as an express submission.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026); Constitución Política de los Estados Unidos Mexicanos (Chamber of Deputies consolidated text, last reform DOF 7 October 2026), CCom arts. 1092, 1093 and 1104; Constitution art. 104, section II, 2014-01-10 official text · verified 2026-10-26

2. The oral commercial trial: any amount, judgment at the hearing, no ordinary appeal. All commercial disputes of determined value go to the oral trial with no amount limit, except special procedures (such as executive trials) and claims of undetermined value. The defendant has nine days to answer in writing and must raise all defences at once; the plaintiff has three days to reply; a counterclaim must be answered in nine days. A preliminary hearing cleans up the procedure, attempts conciliation or mediation by the judge, fixes agreed facts and admits evidence; the trial hearing must be held within 40 days and the parties themselves bring their witnesses and experts. At the end the judge explains the reasons orally, reads the operative part and makes the written judgment available, and the parties have 60 minutes to ask for clarification. No ordinary appeal lies against rulings in the oral trial. A party that misses the preliminary hearing without justified cause is fined between MXN 3,113.63 and MXN 10,051.06.
Cost to do it: No court fee. Fine for missing the preliminary hearing: MXN 3,113.63 to MXN 10,051.06 (about USD 168 to USD 543).
Example: A supplier claiming MXN 2,500,000 in unpaid invoices that are not enforceable titles files an oral trial; the judgment is final at first instance, leaving only amparo. / MXN 2,500,000 is about USD 135,116.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026); Acuerdo of the Ministry of Economy, DOF 18 February 2026, Arts. 1390 Bis, 1390 Bis 1, 1390 Bis 14, 1390 Bis 17, 1390 Bis 18, 1390 Bis 32, 1390 Bis 33 and 1390 Bis 37 to 1390 Bis 39, 2017-01-25 official text · verified 2026-10-26

3. The executive trial: payment order and attachment at the first step. A claim based on a document that carries execution starts with an order that the debtor be required to pay and, failing payment, that assets sufficient to cover the debt and costs be attached and placed with a depositary named by the plaintiff. Enforceable documents include final judgments and non appealable arbitral awards, notarial and broker instruments with a liquid and enforceable obligation, credit instruments (promissory notes, bills, cheques), judicial confession, invoices and commercial contracts signed and judicially recognized by the debtor, and agreements and awards before the consumer and financial services ombudsmen. The debtor has eight days to pay or answer with only the defences the law allows; evidence is taken within up to 15 days and judgment is given within eight days of the summons for judgment. After judgment the attached assets are sold on the basis of appraisals from each party (averaged if they differ by no more than 20 percent) prepared by a public broker, a bank or an authorized appraiser.
Cost to do it: No court fee; the depositary and appraisal costs are advanced by the plaintiff and recoverable as costs if it wins (art. 1084, section III).Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1391, 1392, 1396, 1399, 1401, 1407 and 1410, 2014-01-10 official text · verified 2026-10-26

4. Three tracks for executive claims by amount. Executive claims of principal of at least the appeal threshold (MXN 924,300.58 in 2026) and up to MXN 4,000,000 as written in the Code follow the oral executive trial, with attachment at the start, eight days to answer, no counterclaim and no ordinary appeal; the 2026 update agreements list no updated figure for the MXN 4,000,000 cap. Below the threshold the written executive trial applies and its judgment cannot be appealed; above the cap the written executive trial applies with appeal.
Cost to do it: No court fee in any track; the main cost difference is the length of the case, and an appeal where available.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026); Acuerdo of the Ministry of Economy, DOF 18 February 2026, Arts. 1339, 1340, 1390 Ter, 1390 Ter 1, 1390 Ter 2, 1390 Ter 5 and 1390 Ter 6, 2017-01-25 official text · verified 2026-10-26

5. The appeal threshold for 2026. Rulings in the procedure and judgments in cases whose principal is below MXN 924,300.58, excluding interest and accessories at the filing date, cannot be appealed. The Ministry of Economy updates the amount every year by inflation; the 2026 figure was published on 26 December 2025 and corrected by agreement of DOF 18 February 2026, in force on publication. Where appeal is available, it must be filed within nine days of notice of a final judgment.
Cost to do it: No fee; below the threshold the first instance judgment is final, and only amparo remains.
Example: MXN 924,300.58 of principal. / About USD 49,955.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026); Acuerdo of the Ministry of Economy, DOF 18 February 2026, Arts. 1339 and 1340, 2026-02-18 official text · verified 2026-10-26 · changed: The agreement of DOF 26 December 2025 set the 2026 figures at MXN 924,302.3782 for art. 1339 and MXN 924,293.38 for art. 1340; the agreement of DOF 18 February 2026 unified both at MXN 924,300.58 from its publication.

6. Pre trial and interim measures in court are limited to two. In commercial cases only two precautionary measures exist: an order preventing a person from leaving or hiding (radicación de persona) and retention of assets. Retention requires a liquid and enforceable claim, its value, and a sworn statement of the grounds to fear that the assets will be hidden or disposed of; for personal claims, also that the debtor has no other known assets. Cash and bank deposits are presumed at risk unless the debtor posts security. Before suit, the measure is granted without hearing the debtor, but the applicant must give security for damages set by the judge; the debtor then has three days to respond and can lift the measure by depositing the amount or giving a bond or real estate security. Registrable assets are annotated in the public registry. A measure executed before suit is revoked by the court on its own motion unless the claim is filed within three days (more if the case must be brought elsewhere) and proof of filing is given.
Cost to do it: Security for damages, set by the judge so that it is affordable for the applicant (arts. 1171 and 1175).Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1168, 1171, 1175, 1177, 1179, 1181 and 1182, 2014-01-10 official text · verified 2026-10-26

7. No court fees, but party costs can be awarded. Courts are free and judicial costs are prohibited. A party is ordered to pay costs when the law provides it or the judge finds recklessness or bad faith, and always when it offers no evidence for disputed facts, uses false documents or witnesses, loses an executive trial (or brings one and loses), loses in two matching judgments, or raises improper actions, defences, appeals or incidents. To enforce its orders the judge may warn, fine up to MXN 11,091.60, use public force or order arrest of up to 36 hours.
Cost to do it: Fine for disobeying court orders up to MXN 11,091.60 (about USD 599) in 2026.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026); Constitución Política de los Estados Unidos Mexicanos (Chamber of Deputies consolidated text, last reform DOF 7 October 2026), CCom arts. 1067 Bis and 1084; Constitution art. 17, 2026-02-18 official text · verified 2026-10-26

8. Secured creditors have a fast track for non possessory pledges and guarantee trusts. A creditor secured by a non possessory pledge or a guarantee trust may first use an out of court procedure to obtain possession and sell the assets when there is no dispute on enforceability, amount or delivery. Otherwise a special judicial procedure applies: the judge admits a claim with the contract and the statement of balance (certified if the creditor is a bank) within two days, orders the debtor to pay or hand over the collateral to the creditor as depositary, and gives five days to answer with limited defences.
Cost to do it: Agree the appraiser in the contract: if the parties did not, the judge designates one on request (art. 1414 bis).Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1414 bis, 1414 bis 7 and 1414 bis 8, 2000-05-23 official text · verified 2026-10-26

Claim	Principal	Procedure	Ordinary appeal	Rule
Determined amount, no enforceable title	Any amount	Oral commercial trial	No	Arts. 1390 Bis, 1390 Bis 1
Enforceable title	Below MXN 924,300.58	Written executive trial	No	Arts. 1339, 1340, 1391
Enforceable title	MXN 924,300.58 to MXN 4,000,000	Oral executive trial	No	Arts. 1390 Ter 1, 1390 Ter 2
Enforceable title	Above MXN 4,000,000	Written executive trial	Yes, 9 days	Arts. 1339, 1391
Undetermined amount	Not applicable	Ordinary commercial trial	Depends on the case	Art. 1390 Bis 1
Non possessory pledge or guarantee trust	Any amount	Special guarantee enforcement procedure	Limited	Arts. 1414 bis to 1414 bis 20

Which commercial procedure applies, by type of claim and principal (2026), verified 26 October 2026 against the Commercial Code and the Acuerdo of DOF 18 February 2026.

Worked example

A US exporter holds a promissory note for MXN 3,000,000 (about USD 162,139) signed by a Mexican buyer in Puebla. Because the note is an enforceable title and the principal is between MXN 924,300.58 and MXN 4,000,000, it files an oral executive trial (arts. 1390 Ter and 1390 Ter 1).
The judge orders payment and, failing payment, attachment of the buyer's bank accounts and inventory, placed with a depositary named by the exporter (art. 1390 Ter 5). The buyer has eight days to answer and cannot counterclaim (art. 1390 Ter 6).
Judgment is read at the hearing with no appeal; if the buyer loses it pays the exporter's costs (art. 1084, section III). The exporter must act within three years of maturity, the limitation period for promissory notes (LGTOC art. 165).

Step by step

1. Check the contract's forum clause against the three permitted options (art. 1093) and decide between federal and state courts.
2. Classify the claim: enforceable title or not, and principal against the 2026 thresholds.
3. If assets may disappear, ask for retention of assets before suing, with security for damages, and file the claim within three days of execution (art. 1181).
4. File the claim with all documentary evidence and names of witnesses and experts; late named witnesses are rejected in executive trials (art. 1401).
5. In oral trials, prepare witnesses and experts to appear yourself; unprepared evidence is declared abandoned (art. 1390 Bis 37).
6. After judgment, move to appraisal and auction (art. 1410), and anticipate a direct amparo by the losing party.

Common traps

A forum clause naming a court with no link to the parties, the place of performance or the asset is not a valid express submission (art. 1093).
Raising defences later. In oral trials all defences go in the answer and never after, except supervening ones (art. 1390 Bis 17).
Late witnesses. In executive trials, witnesses not named in the pleadings cannot be admitted later (art. 1401).
Losing an executive trial. The plaintiff that brings one and loses always pays costs (art. 1084, section III).
Filing late after a pre trial measure. The claim must follow within three days of execution, or the court revokes the measure on its own motion (arts. 1181 and 1182).
Expecting broad injunctions. Only person restraint and asset retention exist in commercial cases (art. 1168); wider relief usually needs arbitration interim measures or an amparo.

Sources

← Enforcing foreign court judgments in Mexico: the eight conditions, reciprocity, homologation by letters rogatory and the 2027 procedural code deadlineLimitation periods and filing deadlines in Mexico: ten years for commercial claims, three for promissory notes, six months for cheques, and the short deadlines that matter most →