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.
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.
