# Legal question regarding bond waiver for Mexican resident suing in USA



## mark78 (Apr 18, 2011)

I have the problem that I need to take legal steps in USA as Mexican resident. Suing in USA implies that the plaintiff needs to provide surety by way of a bond guarantee as security against possible counter claims by the defendants and other costs of the trial. However, bond requirement can be waived if there is a mutual agreement that would allow US residents to sue in the respective country without being required to file a bond. Since Mexico is NAFTA and neighbor of the US, somebody may know about this legal question or where to find further information.

Any comments are highly appreciated. Thanks for your attention.

Here is a quotation of the statutes:

... "A written request that the bond requirement be waived in accordance with section 14(c) of the Commodity Exchange Act, accompanied by sufficient proof that the country of which the complainant is a resident permits the filing of a complaint by a resident of the United States against a citizen of that country without the furnishing of a bond."


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## pappabee (Jun 22, 2010)

Wait a minute. The passage that you quote is in regard to a citizen of the US suing someone who is a citizen of another country and what it is asking is there a law in the other country that allows a non-citizen to sue a resident.

Also since you are quoting a section of the CEA I strongly suggest that you get the services of a qualified attorney. Not just one who has experience with the tort laws but one qualified to handle CEA cases.


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## mark78 (Apr 18, 2011)

pappabee said:


> Wait a minute. The passage that you quote is in regard to a citizen of the US suing someone who is a citizen of another country and what it is asking is there a law in the other country that allows a non-citizen to sue a resident.
> 
> Also since you are quoting a section of the CEA I strongly suggest that you get the services of a qualified attorney. Not just one who has experience with the tort laws but one qualified to handle CEA cases.


The passage says that residents from countries who waive US citizens from furnishing bonds when suing in their jurisdiction have no bond requirement when suing in US. That said, if Mexico allows US residents to file lawsuits without bond requirement, Mexican residents can do so as well in USA. I hope that there are some readers here who know of US/MEX legal relationship. I did a lot of research on the internet but found nothing. Hiring a lawyer is of course expensive and probably would result into nothing unless this issue is already known by the lawyer.


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