Q: Hello. Is there a way I can file a small claim against an LLC registered and located in Puerto Rico?
I am an owner of a small trade business, located in Texas. My business sold goods to a company from Puerto Rico that failed to pay. As of now, it is 1-year payment delay, when originally agreed terms were net 30. The company in Puerto Rico doesn't respond to phone calls and emails. Payment amount is $9200
A: There is an expedient way to collect an outstanding debt by presenting the debt before the Municipal Court of the city where the debtor resides or operates. Along with a copy of the contract and corresponding invoice, the creditor must also attest as to the attempts made to collect. As a rule, your attorney will send a collection letter by certified mail with receipt certification, as a final attempt. The collection claim must be accompanied by an affidavit, where you state that the claim is true. After which, once the claim is filed, the debtor must be served. 30 days after the court issues a sentence, you can request the court to execute by having marshalls appear at the debtor's premises to collect. If possible, before filing, I suggest procuring a negative certification from the Bankruptcy Court, to make sure that the debtor has not filed.
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