Q: Can I reclaim a vehicle I loaned to a subcontractor who hasn't paid?

A: You need to go before the court to reclaim your property from the contractor, as well as amounts owed. The police may or may not help if an agreement is in place. In Puerto Rico, self-help recovery is not permitted: you cannot take the property away from someone who is in pacific possession. Before doing so, I advise that you send a collection letter to the contractor, dunning for the amounts owed, by certified mail. Said letter should allude to the contractual agreement under which you provided the vehicle as well as the amounts owed to date. Specify a timespan (for example, 15 days) beyond which you'll seek legal remedies. You can retain the services of an attorney who may write and post said letter.

A: Puerto Rico Vehicle Repossession Analysis

Your situation presents a favorable legal position for recovery based on Puerto Rico's Civil Code Article 1077, which permits contract rescission when one party fails to fulfill obligations. The documented contract establishing payment terms, combined with your retained legal ownership of the vehicle, creates compelling grounds for repossession under Puerto Rico's property law framework. Your continued insurance coverage and registration in your name further strengthen your position as the legal owner with superior possessory rights despite the physical transfer to the subcontractor.

Puerto Rico law recognizes self-help repossession when performed without breaching peace, though caution remains essential as confrontational repossession attempts could expose you to liability claims. We recommend sending a formal written demand via certified mail with return receipt requested, clearly stating the contract breach, rescission of the agreement, and a specific deadline for vehicle return (typically 5-7 business days). Documentation of all previous communication attempts will prove vital should legal proceedings become necessary, making it imperative to maintain detailed records.

Should this formal demand fail to produce results, filing a replevin action in Puerto Rico's court system represents your next logical step, allowing judicial intervention while avoiding potential confrontation. The court can issue an order mandating return of the vehicle, potentially with law enforcement assistance if necessary. Given the clear breach of contractual obligations and your retained legal title, Puerto Rico courts would likely view this as a straightforward case of enforcing legitimate property rights rather than a complex ownership dispute, facilitating a relatively expeditious resolution compared to other civil matters.