Puerto Rico Questions & Answers by Practice Area


Puerto Rico Questions & Answers

Q: Can I legally talk to a judge so I can have full custody with my mom and my dad could have visitation rights?

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Mar 18, 2017

Yes, as a last remedy and, in some cases, after social workers interview the child, there is a possibility that the minor can be interviewed by the judge. There has to by a reasonable cause or sustanciable controversy for that petition to be accepted by the judge. A child testifying in court about his/her preferance of cuatody is the excemption.
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Q: My ex wife and I have property in Puerto Rico and live in Florida, can I use a quick claim form to transfer the property

2 Answers | Asked in Real Estate Law for Puerto Rico on
Answered on Mar 6, 2017

You would need to use a form deed approved in Puerto Rico. A Florida quit claim deed may not meet the requirements of Puerto Rico.
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Q: Hello, If a house in Puerto Rico is under both spouses name and one dies do the children get part of the property.

1 Answer | Asked in Real Estate Law and Products Liability for Puerto Rico on
Answered on Mar 2, 2017

Puerto Rican law is based on the old Spanish codes and is nothing like American law. You need to speak with a local lawyer there. Act quick. The phrase possession is nine tenths of the law applies most heavily in places like Puerto Rico.
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Q: I been living in PR since Nov. w/my daughter. My ex lives in FL & is wanting to file divorce would he have to file here?

1 Answer | Asked in Child Custody, Child Support and Divorce for Puerto Rico on
Answered on Feb 28, 2017

November was about three months ago. Under the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law in Florida, the courts of this state have jurisdiction to award custody, because the child has not been in Puerto Rico for at least six months. Puerto Rico has not adopted the UCCJEA.

So it's possible that the Florida court could order you to return the child to Florida.

I suggest that you find an attorney in PR who is also admitted to practice in Florida.
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Q: I was injured when my neighbor's dog bit me last year. How long do I have to file a claim?

1 Answer | Asked in Personal Injury for Puerto Rico on
Answered on Feb 12, 2017

You would want to speak with an attorney now, because they can advise you on medical documentation, etc.I believe the statute of limitations in Puerto Rico is only 1 year! So talk to the attorney now!
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Q: I was fired when I got back from workers' comp leave because my supervisor says I wasn't lifting what I used to be able

1 Answer | Asked in Workers' Compensation for Puerto Rico on
Answered on Jan 11, 2017

You may be qualified to file a discrimination claim under ADA.
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Q: Is there a statute of limitations that I have to file a sexual harassment claim before?

1 Answer | Asked in Sexual Harassment for Puerto Rico on
Answered on Jan 11, 2017

Before what action?

If you are experiencing sexual harassment, either in your work area or any place, you can file your sexual harassment claim and state the damage or harassment with evidence. If you have a witness, and documents that establish your complaint, will be mush better for your case.
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Q: I just bought a used car but it turns out there are a lot of problems

1 Answer | Asked in Consumer Law for Puerto Rico on
Answered on Jan 11, 2017

The seller (dealer) is obliged to give a guarantee.

Rule 26 of the Consumer Administration in Puerto Rico (DACO) prohibits any dealer from selling a used motor vehicle without providing a guarantee to the buyer. The warranty must cover both parts and labor based on the mileage of the vehicle, and must be transferable to a next purchaser.
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Q: What is the process for contesting a child custody order.

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Jan 11, 2017

Once you receive copy of the complaint via summons, you will have 30 days to answer it and accept or deny it. You will have to file the answer in the Court that has jurisdiction to work with the case and send a copy of it via postal mail to the other parties in the case.
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Q: Are non-compete agreements enforceable in Puerto Rico?

1 Answer | Asked in Employment Law for Puerto Rico on
Answered on Jan 11, 2017

If the agreement establishes an extension to the territory, yes.

It will depends on the agreement.
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Q: How do you get a juvenile drug offense expunged from your record?

1 Answer | Asked in Juvenile Law for Puerto Rico on
Answered on Jan 11, 2017

It will all depend on the Judgment, and if the offense was for a felony or misdemeanor.

Usually a juvenile offense doesn't affect your record.
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Q: Do I need a lawyer to get my mortgage loan modified?

1 Answer | Asked in Foreclosure for Puerto Rico on
Answered on Jan 11, 2017

No, you can work the modification directly with the financial institution.

But we strongly recommend that before you sign the papers, consult with a lawyer to make sure you are in the right path.
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Q: I live in New York but want to sue a contractor in Puerto Rico - where do I file?

2 Answers | Asked in Civil Litigation for Puerto Rico on
Answered on Jan 10, 2017

The venue rules in New York permit a person to file a complaint in the county in which s/he resides. Keep in mind, however, the law of Puerto Rico will probably apply. Note: if there is an agreement that contains a choice of law and a venue clause, then the contract would most likely govern (assuming the contract provides that its provision is without regard to a conflict of laws analysis).
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Q: How do I collect on a debt for someone who has left Puerto Rico?

1 Answer | Asked in Collections for Puerto Rico on
Answered on Jan 8, 2017

You have to file the claim and notify your summons to the last address known of that person. If you don't know the address you will have to publish the summons via edict.
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Q: If I write a contract and the other person signs it, is it valid, even if an attorney didn't write it?

1 Answer | Asked in Contracts for Puerto Rico on
Answered on Jan 8, 2017

Yes. In Puerto Rico, contracts are not required to be sign or sworn before a Notary Public to be valid.
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Q: I think my grandmother may be being abused in her nursing home. What are some common signs I should look for?

1 Answer | Asked in Nursing Home Abuse for Puerto Rico on
Answered on Jan 8, 2017

Signs of abuse: skin marks, blues, poor hygiene, malnutrition.

In Puerto Rico we have a Letter of Rights of the elderly that can be found in law 121.
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Q: Does the person I want to sue in small claims court have to live in the same city that the court is located in?

1 Answer | Asked in Small Claims for Puerto Rico on
Answered on Jan 8, 2017

In Puerto Rico, when you have a claim (collection) for $15,000 or less, you have to file the claim in the City of residence of the defendant.
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Q: If a police officer wanted me to sign a traffic ticket and I refused, what might happen?

1 Answer | Asked in Traffic Tickets for Puerto Rico on
Answered on Jan 8, 2017

Nothing, you are not required to sign any traffic ticket in Puerto Rico.
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Q: Who is at fault if two cars hit each other a a four way stop - we both went at the same time.

2 Answers | Asked in Car Accidents for Puerto Rico on
Answered on Jan 8, 2017

Yield right of way to driver who was a) there first or b) to your right normally. I suggest you contact a member of the American Assn for Justice in P.R.--they give free consultations.
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Q: Do Puerto Rico domestic violence laws apply if you are not married to your partner?

2 Answers | Asked in Domestic Violence for Puerto Rico on
Answered on Jan 8, 2017

Yes, they apply.
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