EXP.

XXXX/19
MERCHANT EXECUTIVE JUDGMENT
XXXXXXXXXXXXXXXXXX
VS.
XXXXXXXXXXXXXXXXXXXX
The view is answered
============================

C. SECOND JUDGE OF FIRST INSTANCE OF THE CIVIL BRANCH

P R E S E N T.

LIC. XXXXXXXXXXXXXXXXXXX, with the personality I have

duly recognized in the file indicated in the upper right section, before
You, with all due respect, appear to present:

That through this I come to respond to the notice granted by this

Court, regarding the response to the complaint by the C.
XXXXXXXXXXXXXXXXXXXXXXXXXXX, under the following terms:

REGARDING THE BENEFITS

The defendant behaves dishonestly by denying that the party

the actor lacks rights to the payment of the claimed benefits, payment of expenses and
costs, as well as the payment of late interest, considering that the defendant
he/she agreed by signing the promissory note document in his/her own handwriting
of the action. The defendant seeks to delay its payment obligation towards
our represented party trying to evade their responsibility, denying that the facts of
the claims against me are not true, which turns out to be completely false. For this reason
we consider that the payment of each and every one of the benefits is appropriate
claimed in the initial complaint.

REGARDING THE FACTS

FIRST.- Regarding fact number 1, first of all, the party

the defendant accepts having signed the base document of the action in the same
terms mentioned in the facts described in the initial complaint.

The same party sued in its response to

The demand accepts having signed the promissory note in its capacity as PRINCIPAL DEBTOR, already
that they voluntarily obliged themselves to pay; so much so that they stamped with their own hand and
their signatures on the promissory note, the document serving as the basis for the action, alleging that to such
the document only needed to complete two amortizations to be fully settled
said debt, which he tries to prove with the documents he presents, consisting of a
informal notice about a statement of account regarding a group loan, where it can be
to observe a series of written manifestations in the handwriting of a person who
The manager of Financiera Finsol Obregón, Mr. Pavel Arturo Corrales, claims to be.
 We completely deny that the defendant has made any payments or
payments to settle your debt, as it only shows an account statement in
the one that consists of a manuscript supposedly signed by a person who claims to be the
Finsol Obregón manager; but does not present the receipts or deposits to prove it.
those payments.

SECOND.- The fact number 2 of the complaint is true.

THIRD.- The fact number 3 of the lawsuit is true.

FOURTH.- The item number 4 of the complaint is true.

FIFTH.- Regarding point 5 of the chapter on facts

The defendant states that it is true, but claims that the amount is not owed.
what is being claimed, the defendant once again incurs in all falsehood as in
on various occasions he was required to pay the benefits but ignored it,
what was left was no other way than to file the lawsuit that concerns us to achieve
recover the total payment owed in favor of ourthe endorser. As stated in
the document that I hereby accuse to claim.

SIXTH.Regarding point 6 of the response chapter

From the defendant, we would like to state that the endorsement complies with all
requirements established in article 29 of the general law on titles and credit operations
considering that your lordship may appreciate that the reason of the defendant is
solely for the purpose of confusing and delaying the present trial.

The defendant believes that they should have been informed that the financial institution
was selling or transferring his promissory note, a situation that to the plaintiff as
particular and external of that financial institution, it is not within its purview to know the
reasons why said financial institution sells or transfers the unpaid promissory notes for
its clients, and it is up to the defendant to prove the partial payments or the
settlement of said debt.

DEFENSES AND EXCEPTIONS:

FIRST.- EXCEPTION OF PAYMENT.- Regarding the payments that it claims to have

carried out the portion demanded for amounts exceeding what is owed, it results
inapplicable and unfounded as it only limits itself to describing a series of payments
described in a table, which was given to him by the supposed manager of Finsol Obregón,
Lic. XXXXXXXXXXXXXXXXXX, this document is hereby OBJECTED to by
lack official validity and also does not show the payment receipts that
supposedly carried out, for which this invocation is unfounded and lacking in legality.

These payments actually correspond to the deposits of the group credit named
ALICIAS, and not personally on behalf of the defendant XXXXXXXXXXXXXXXXXXXX;
For the above reasons, it is evident that the defendant has several
debts among which is that of the base document of the action that concerns us and for which
as well as other base documents of the action on which to base your action. Additionally, the lack
Payment for the title is justified by holding the base document of the action in hand.
of the actor, since the payment for this is made against its delivery, according to the provisions of the
Article 17 of the General Law on Titles and Credit Operations.

BILLS OF EXCHANGE. EXCEPTION OF WAIVER OR PARTIAL PAYMENT.

According to the principle of literalness inherent to the legal nature of any credit title,
the one mentioned in article 5, in relation to the different 8, section
VIII, first paragraph, of the General Law of Securities and Credit Transactions, the payments
Partial payments made by the obligated party must be recorded in the same, in order to take effect.
legally against third-party title holders, and when that annotation does not exist, and the plaintiff
it is the person to whom it is attributed received the payment, it is the defendant's responsibility to the burden of the
test of such assertion, in accordance with the provisions of article 1194 of the Code
Commerce and the jurisprudence thesis number 202, visible on page six hundred two, of the
penultimate Appendix to the Judicial Weekly of the Federation, under the heading: "PAYMENT OR
COMPLIANCE. LOAD LA TEST.

SECOND COLLEGIATE COURT OF THE ELEVENTH CIRCUIT.

SECOND.- The defendant raises the exception of lack of requirements for the
exercise of action, the above is clearly inadmissible for the following reason:

Article 1391. The enforcement procedure takes place when the claim is
fund in a document that brings immediate execution. They bring immediate execution:
I. The final judgment or the one that has become res judicata and the
arbitration that is unappealable, in accordance with article 1346, observing the
set in 1348;
II. Public instruments, as well as testimonies and certified copies
that the notaries public issue them, in which it is stated
any enforceable and liquid obligation;
III.The judicial confession of the debtor, according to art. 1288;
IV.The credit titles;
V. (Is repealed)
VI.The decision of the appointed experts in insurance to set the amount
of the incident, observing what is prescribed in the relevant law;
VII.Invoices, current accounts, and any other commercial contracts
signed and judicially recognized by the debtor;
VIII.The agreements made in the conciliatory procedures processed
before the Federal Consumer Protection Agency or before the National Commission
for the Protection and Defense of Financial Services Users, thus
like the arbitral awards that they issue, and
IX.The other documents that by law have the character of
executives or those whose characteristics entail execution.

Given the above, in accordance with the provisions of Article 1391 of the Code
of Commerce, it can be seen that there is a legal presumption in favor of me
endorsement of the existence, veracity and accuracy of the overdue and payable debt to
the defendant XXXXXXXXXXXXXXXXXXXXXXXXXX, arising from the Title
Executive basis of the action presented by the plaintiff in the initial writ of
demand, presumption that in no way was disproved by the defendant at
time to respond to the lawsuit filed against you.

To strengthen the above, the following criterion is transcribed:

EXECUTIVE TITLES, EXCEPTIONS AGAINST THE ACTION DERIVED FROM

THE. BURDEN OF PROOF. In accordance with the provisions of the article
1391, first paragraph and fraction IV, of the Commercial Code, the credit titles
since promissory notes have the character of executory, that is, they come attached
execution, then, constitute Four. a pre-established proof of the action
exercised in the trial, which legally means that the executive document
exhibited by the plaintiff, is a demonstrative element that in itself serves as evidence
full, and therefore if the defendant raises an exception aimed at destroying the
efficacy of the title, it is him and not the actor who bears the burden of the
test of the fact on which you base your exception, precisely in application
of the principle contained in article 1194 of the invoked commercial legislation,
consistent in that, just as it is the actor's responsibility to demonstrate
the constitutive facts of their action, it is up to their opponent to justify the
constitutive elements of its exceptions or defenses; and with support in article 1196 of
that coding, is the defendant who issued the denial, the one obliged to prove, already
that this last precept establishes that the one who is also obliged to prove is the one who
denies, when in doing so he is unaware of the legal presumption in his favor
co-litigant; in that line of thought, the evidentiary delay granted in the
executive commercial trials are for the defendant to prove their
exceptions or defenses, furthermore, for the plaintiff to destroy the exceptions or
opposing defenses, or the action should not be destroyed by that proof offered
on the contrary. SECOND COLLEGIATE COURT IN CIVIL MATTERS OF
SIXTH CIRCUIT.

Direct protection 159/92. Emilio CirneTetzopa. April 28, 1992. Unanimity of

votes. Speaker: José Galván Rojas. Secretary: Armando Cortés Galván.

Direct Amparo 148/94. Arturo Maldonado Martínez. May 11, 1994.

Unanimity of votes. Speaker: Gustavo Calvillo Rangel. Secretary: Humberto
Schettino Reyna.

Direct amparo 306/94. José Juan Pelcastre Vázquez. August 17, 1994.
Unanimity of votes. Speaker: Gustavo Calvillo Rangel. Secretary: José Mario
Machorro Castillo.

Article 1194 of the Commercial Code establishes the following:

Article 1194.- The one who asserts is obligated to prove. Consequently, the plaintiff
He must prove his action and the defendant his exceptions.

By virtue of what is established in the previously mentioned legal provision,

it is clear that the defendant must prove each of the
extremes of their exceptions and defenses, to destroy the probative efficacy of
executive title basis of the action, as it is not enough to point out why
considers that the action taken against him is not appropriate and opposes the
exceptions and defenses that it considers appropriate, but the defendant party
must prove the alleged origin of the exceptions and defenses raised
in the trial, for which it must provide the suitable evidentiary elements for the
Which I accredited the supposed origin that it argues.

Now, from reading the response to the complaint, it can be

appreciate that the defendant failed to prove the validity of the exceptions and
opposing defenses in the written response to the complaint, due to the fact that
failed to provide credible evidence to support what was stated by his
part, from which it follows that the exceptions and defenses he raised to the
responding to the lawsuit filed against you is clearly
unfounded.

To strengthen the above, the following criterion is transcribed, applying

by analogy to the present matter:

DEMAND, ANSWER. THEY MUST BE ACCOMPANIED BY

TESTS THAT FUSE THE OPPOSED EXCEPTIONS. With the response
in support of the claim, the documents intended to justify the
opposite exceptions and not within the probative stage, as article 614,
fraction III, of the Code of Civil Procedures for the State of Nuevo León,
it is established that with the complaint, the documents in which the plaintiff
base your action and all others that want to use as evidence, what
related to the provisions of article 630, which states that the defendant
will formulate its response adhering to the rules established in the articles
612 and 614 lead to determining that the defendant must attach the referred ones.
evidence from the moment of producing your response. Furthermore, article 620
the same procedural order states that once the complaint is filed, it does not
they will accept documents other than those dated later, unless
protests, if they were prior, that I was not aware of them and, in turn, the
Article 629 provides that the defendant shall submit their response in the
terms provided for the demand; thus the concatenation of these
precepts lead to the same conclusion

Based on what has been presented, and given the terms and scope that the
the defendant intends to give this exception, that your honor must
decree that it is inadmissible, with the scope that is insisted,
unjustifiably, the defendant intends to give it and therefore, must condemn
to the defendant for the payment of all and each of the benefits that are claimed from him
in the initial writ of claim; the above, as it corresponds in accordance with
law and for all legal purposes that may arise.
 THIRD.- The exception for undue payment must be deemed inadmissible.
every time the defendant fails to present the payment receipts with which they intend to
to believe their claims, which must be dismissed.

FOURTH.-All and each of the defenses and exceptions that arise from the
present course.

The exceptions raised by the defendant are inadmissible for not being
in accordance with the claims of the plaintiff, and much less with what they intend to prove
with the same ones, therefore, I request that they be dismissed and declared
unfounded since we are in the presence of a credit title that satisfies
all and each of the requirements established in the general law that regulates them.

TESTS

A) TESTIMONIAL.- Regarding the TESTIMONIAL evidence offered by Ms.

XXXXXXXXXXXXXXXXXXXXX a cargo of the C.C.
XXXXXXXXXXXXXXXXXXXXXXXXXXX Y XXXXXXXXXXXXXXXXXXXXXXX,
this must be discarded as it does not clearly determine the points about the
what the test must be about and the questions it must address, that is to say, that the
the presentation of the facts must be clear and succinct, which implies that it must
contextualize the events that are closely related to the facts
brought forward, through the concrete expression of each case that is intended to be proven,
therefore it must be discarded. Likewise, because it does not meet the
essential requirements for its presentation, as it fails to display the document of
positions a the which onesmust of declare The C.C.
XXXXXXXXXXXXXXXXXXXXXXX Y XXXXXXXXXXXXXXXXXXXXXXXX, of
agreement with what is established in Article 1223 of the Commercial Code.

The defendant states in their response to the complaint that they made several payments to
account for the amount of the promissory note based on the action, for different amounts, and intends
to believe that such witnesses are aware of these facts, which turns out to be IMPOSSIBLE OR
NOTORIOUSLY UNBELIEVABLE. Therefore, it is requested that this evidence be dismissed.

TESTIMONIAL EVIDENCE IN COMMERCIAL MATTERS, VALUATION

FROM THE. Although the value of the testimonial evidence is left to the discretion of the Judge, who
one can never consider the facts referred to in the statement proven if there is no
at least two witnesses who are uniform, who declare with certainty and who
given the founded reason of his statement, that arbitration must be regarded as subject to the witnesses
they should be consistent not only in the facts they declare, but also in the modalities and
basic circumstances for the resolution of the business. Direct civil protection 6349/46.
García Bruno B. March 6, 1953. Unanimity of four votes. Absent: Angel
González de la Vega. The publication does not mention the name of the speaker.

B) PRESUMPTIVE: IN ITS TRIPLE LOGICAL, LEGAL ASPECT

 HUMAN; the same applies to everything that benefits the plaintiff.
C) PUBLIC INSTRUMENTAL OF ACTIONS: Consisting of all and
each of those that arise from the files of the case in which
I promote, and that benefit the interests of the party I represent.
D) PRIVATE DOCUMENT.- Which consists of a notice delivered by Mr. Lic.
XXXXXXXXXXXXXXXXXXXXXX in his capacity as manager of Finsol Obregón,
documentary that is objected to and must be discarded, sinceThe defendant does not
clearly express the fact or facts that you are trying to demonstrate with it, like this
nor does it express the reasons with which it intends to demonstrate its
affiliations, in addition to not meeting the requirements of article 1198 of the Code
of Commerce, nor does it relate them to its initial written complaint, nor of its
response, therefore failing to meet the above conditions, it must be
rejected for having no relation to the trial that concerns us.
E) RECOGNITION OF WRITING AND CONTENT OF WRITING, under the responsibility of
C. LIC. XXXXXXXXXXXXXXXXXXXXXXXXX, which must be discarded and
declared inadmissible for not being part of the litigation.
F) JUDICIAL INSPECTION.-the defendant does not clearly express the fact or
facts he tries to demonstrate with it, nor does it express the
reasons with which he intends to prove his statements, in addition to not
comply with the requirements of article 1198 of the Commercial Code, nor
it relates to its initial written complaint, nor to its response, for the
that by not meeting the previous conditions, it must be discarded for not
to have any relation to the trial that concerns us.

Regarding the evidence offered by the defendant in their writing of

Response in sections A), B), C), D), E), and F) are objected to all and each of them.
tests in the sense and for all the effects that it offers; since, as already
previously mentioned are unfounded your exceptions, to thus evade your
payment responsibility, also the defendant does not clearly express the fact or
facts that it tries to demonstrate with them, nor does it express the reasons
with which it intends to demonstrate its assertions, in addition to not complying with the
requirements of Article 1198 of the Commercial Code, nor does it relate them to its written statement
initial demand, nor its response, so failing to meet the conditions
previous ones, must be DISCARDED for having no relation to the trial that we
compete.

I also allow myself to offer the following means of conviction:

1.-DOCUMENTARY: I offer and display the original of the base document of the
action, which is detailed in the sections of the chapter of facts of this
demand and that will be considered reproduced to avoid unnecessary repetitions.

This test relates to what is mentioned in the chapter of facts

of this demand and aims to prove the existence of the base document
from the action, the obligation of payment contained, as well as the refusal of payment from the
documents from the defendant.
 2.- DOCUMENTARY: Copy of Official Identification of LIC.
XXXXXXXXXXXXXXXX, issued by the National Electoral Institute.

3.- DOCUMENTARY: Copy of UNIQUE REGISTRATION KEY OF

POPULATION (CURP) of LIC. XXXXXXXXXXXXXXXXXXXXXXXX, issued by the
National Population Registry.

4.- DOCUMENTARY: Copy of FEDERAL REGISTER OF CAUSANTS of

LIC. XXXXXXXXXXXXXXXXXXX, issued by the Tax Administration Service.

5.- PRESUMPTIVE: IN ITS TRIPLE LOGICAL, LEGAL AND

HUMAN; the same applies to everything that benefits the acting party.

6.-INSTRUMENTAL PUBLICATION OF ACTIONS: Consisting of all and

each of those that arise from the files of the case in which I promote,
and that benefit the interests of the party I represent.

7.-EXPLICIT CONFESSION: It consists of all those

assertions narrated by the defendant in their answer and in any
diligence that is present in the records, which benefits the plaintiff and produces conviction
in the court's spirit regarding the disputed or doubtful facts.

8.- CONFESSIONAL BY POSITIONS: Charged to the defendant the C.

XXXXXXXXXXXXXXXXXXXXXXXXXXX as a debtor and principal obligor, to whom in
in a personal and direct manner, in the absence of a proxy, they must respond in accordance with
interrogation that will be presented in a timely manner for the discharge of this evidence,
same that I relate to the points marked with the numbers from 1 to 6, of the facts
from the demand, in order to verify that the defendant signed the base document of the
action and did not comply with the payment thereof, with the warning that this court
to the defendants that in case of not appearing without just cause at their
relief, they will be declared to confess to each and every one of the qualified positions
of legal and procedural.
These tests relate to each and every one of the points that
they are mentioned in the chapter of facts, in relation to the foundational document of the action
and are offered to prove what has been stated by the undersigned in the aforementioned facts, to the
to say that the documents were signed by Ms. XXXXXXXXXXXXXXXXXXXX, in her
character of debtor and principal obligated, and to the CC XXXXXXXXXXXXXXXXXXXX,
XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX y
XXXXXXXXXXXXXXXXXXXXXXXXXX in their capacity as guarantors of the principal debtor.

IT IS ACCUSED OF REBELLION

Based on articles 228 and 229 of the Civil Procedural Code of Sonora, I
we accuse the defendant of rebellion so that no document is admitted
with whom he intends to establish his action.
 IT IS REQUESTED TO OPEN THE PROBATIONARY PERIOD:

I come to WITHDRAW the lawsuit solely and exclusively against the CC.
XXXXXXXXXXXXXXXXXXXX, XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXX and XXXXXXXXXXXXXXXXXXXX in their capacity as guarantors of
the main debtor, requesting that the normal procedure continue against Ms.
XXXXXXXXXXXXXXXXXXXXXX, the above for all legal purposes that may arise
place.

Based on the provisions established by Article 1401, paragraph four of the

commercial code, we come to request that the present trial be opened for evidence,
for a period of 15 days, the secretary of agreements must lift the computation
corresponding.
For the reasons stated above, I respectfully request you, Mr. JUDGE:

FIRST - I am to be considered in this act responding to the view.

granted by Your Honor in due time and form, by reason of the written document of
Response to the lawsuit filed by the defendant in the present case.

SECOND - Proceed to open a probationary period in the present trial,

the Secretary of agreements must carry out the corresponding counting.

THIRD - Please admit all and each of the pieces of evidence offered.
on my part.

I PROTEST THE NECESSARY.

CD. Obregón Sonora; April 10, 2019.

LIC. XXXXXXXXXXXXXXXXXXXXXX.