Service in amparo: the process server must record how the address was verified
Service of process on the interested third party in indirect amparo. The court officer must confirm that the party resides at the address stated in the amparo complaint and record how this was established.
Official heading (Spanish): EMPLAZAMIENTO A LA PERSONA TERCERA INTERESADA EN AMPARO INDIRECTO. LA PERSONA ACTUARIA DEBE CERCIORARSE QUE TIENE SU DOMICILIO EN EL SEÑALADO EN LA DEMANDA DE AMPARO Y ASENTAR CÓMO SE PERCATÓ DE ELLO.
The ruling
In an indirect amparo, the court ordered service on the interested third party and later granted relief. On review, the Collegiate Circuit Court noted on its own motion that nothing in the record showed the third party could be found at the address visited by the court officer. It held the officer must confirm it is the party's address and record how this was verified before posting the notice.
Our take
For companies named as interested third parties, this ruling is a useful defense. If they were served at an address that is not theirs, and the record does not explain how it was verified, there is a procedural violation and the case must be redone. For the party filing the amparo, the lesson is the reverse: the address given in the complaint must be correct and current, or a favorable judgment may fall on review. In our experience, outdated tax and corporate addresses are a frequent source of this problem.
What to do
- Keep tax, corporate and service addresses current for every entity.
- As a third party, review the service record and how the officer verified the address.
- When filing an amparo, confirm the third party's correct address beforehand.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- VI.1o.A.1 K (12a.)
- Digital registry
- 2032379
- Published
- July 3, 2026
- Area
- Amparo and constitutional
- View official source ↗
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.