San Jose, CA asked in Civil Litigation for Puerto Rico

Q: I let a friend borrow $1200 she lives in Guaynabo. She made two payments but has defaulted. Can I file a claim? How?

Related Topics:
1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
  • San Juan, PR
  • Licensed in Puerto Rico

A: To answer your question: Yes. You can file a claim, in the form of a collections lawsuit, with the Guaynabo Court of First Instance, under Civil Procedure Rule 60. The claim must be filed with a sworn statement, avowing under oath that the allegations in the lawsuit are true and correct. You must also provide proof of your friend's debt. The evidence that you submit can go a long way to contradict any denials that your friend may raise. A claim under Rule 60 is summary and expeditious; and the main defense that your friend may present is evidence of payment, evidence that you releaved her of said payment, or evidence that you extended her payment terms

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.