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Mexican Law/Mexican Pagare


How much interest can I legally charge per month on my Mexican pagare.
 And, is there a peso limit before my Pagare can be appealed.  
 (example cannot appeal under 500,000 pesos or is there an amount?)

Hello and good evening.  

There is some debate about how much one can charge, some say that the parties can agree to any interest rate and others say no.  One common defense defendants make is using a legal principle that the penalties cannot exceed the principal amount.  To be safe and to avoid this possible defense I tell my people to use 8% monthly interest as a maximum as then it is 96% per year and will not exceed the principal amount.  

The Federal Commercial Code does have a provision, articles 1339 and 1340 that says for principal amounts under $562,264 (2014 amount which is adjusted annually) there is no appeal.  That does not mean there is no appeal, just that the State Supreme Court (If plaintiff elected to present in state court) or Federal Appeals Court will not take the case and that the only option would be an appeal at the federal level, an amparo directo to attack deficiencies in the judgment.  There still may be appeals for non final judgments if the law permits.  

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Lic. Spencer Richard Mc Mullen


All general law questions regarding Mexico. Birth / Death / Marriage certificates / Apostilles as well as real estate documents from the State of Jalisco and dual nationality. Licenciado en Derecho (Mexican law degree) Cedula 7928026 / Estatal 114067), Postgraduate Specialty Degree and 8 postgraduate diploma degrees, official Jalisco State Court Translator (Perito Traductor), US Consulate and Guadalajara Municipal Translator


Law degree, specialty degree, postgraduate courses, intern for 3 years in State Civil Court in Chapala, Jalisco, interned 1 year in Jalisco State Supreme Court, extensive ongoing continuing education, past and present litigation in all types of courts (Federal, State, District, Agrarian, Criminal, Administrative, Tax, Business, Family, Civil, Unitarian, Appellate, Municipal), Internship in a Notary Public office

Barra Mexicana de Abogados, ANADE Colegio de Abogados, Mexican Translators Association, Colegio de Abogados de Derecho Fiscal y Administrativo del Estado de Jalisco, Colegio de Abogados de Chapala,

Yuculandia, Informador, Lake Chapala Reporter, Guadalajara Reporter,,, Good Morning America, ABC News Texas, Various online news sources,

Licenciado en Derecho (Law Degree) - Universidad America Latina, Especialidad en Derecho Procesal Civil y Mercantil (Specialty Postgraduate Degree) - Universidad Panamericana, Jalisco State Judicial Council Authorized Court Translator, Municipality of Guadalajara Authorized Translator, Federal Banking and Insurance Commission Arbitrator, Postgraduate diploma course in Condominium Administration, Postgraduate diploma course in Procedural Law, Postgraduate diploma course in Contractual Law, Postgraduate diploma course in Human Rights and Extraordinary Constitutional Writs, Postgraduate diploma course in Administrative Law, Postgraduate diploma course in Notarial Law, Postgraduate diploma course in Corporate Law, Postgraduate diploma course in Municipal Law, Certified Attorney ANADE Colegio de Abogados 2013, 2014, 2015 Mortgage Agent Certification - Mexican Association of Financial Intermediaries, California Real Estate Broker License US Federal Mortgage License Various courses in civil, business and tax law

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Certified Attorney ANADE Colegio de Abogados 2013, 2014, 2015

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