Mesa, AZ asked in Contracts and Collections for California

Q: Can a time share company from Mexico can sue me in the US for not paying maintenance fees?

A few years ago we made the mistake to buy a time share in Mexico that we paid in full; a few months later tried to cancel the contract but the company never accepted to get our money back or cancel the contract. Every year they try to get money from us because we supposed to pay maintenance fees. What they can do against us if we live in the US (Arizona)? How can we get protected and stop them from keep trying to get money from us? We tried over the years to fix this problem but they are very smart when is about not getting back to us when we contact them through email or phone calls, they avoid any responsibility. The company never provided title of ownership or any formal legal document that says that we paid in full the condo.

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1 Lawyer Answer

A: Yes, Mexican timeshare companies can sue you in the US. However, I am wondering whether you purchased your timeshare from a Mexican timeshare company--or (more likely) from an American timeshare company that sells timeshares in a timeshare property they own down in Mexico. But it really doesn't matter because the timeshare company has other lawful ways to collect unpaid maintenance fees from you.

Meantime, there is nothing you can do about receiving annual bills for maintenance fees. The bills will stop after the timeshare company declares you in default and forecloses on your timeshare.

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