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How do you domesticate a judgment in Puerto Rico

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rgento

Junior Member
I live in Hawaii and won a cash judgment. The debtor has made every effort not to pay. I lost track of where she was until recently. She now lives in Puerto Rico. I contacted the state court which was no help. They said I needed someone who lives in P.R. to deal with the case. All my research says other wise. I need some advice on this case. Not sure what to do next.
 


dcatz

Senior Member
OP, I dropped by the forum for a short time and only to address one post but, during that time, I noted that you did not get a reply to your question, and I think there is a simple and practical solution.

Perhaps you feel that that you can do it yourself because you researched the status of P.R. as a territory/commonwealth, rather than a state. And you reviewed “full faith and credit” and found that, despite not being bound by constitutional requirements, P.R. has traditionally extended legal comity to the decisions of U.S. court etc, etc. They’re subjects that could each justify a treatise but, yada, yada, it’s really a simple collection question, which could be more complicated if you debtor lived in Hong Kong, Norway or Tibet and fortunately doesn’t.

My advice is consistent with that which you got from the state court, not because it’s mandatory but because it’s prudent: find an international collection agency, with a presence in P.R. and legal resources (attorneys) there, and give them a piece of the action on a contingent basis, and ensure that it’s going to be done right, and consider it money well-spent. Just for clarification, I’d give you the same advice if your debtor was in California, Oregon or Washington, except I’d suggest that you skip the agency and go straight to an attorney.

The practical part is that, while P.R. extends comity, any state or territory is going to have its own forms for domestication and you’ll have to get those. The forms are going to require information that you’ll have to research (such as the local statutory provision that presumably supports the post-judgment interest that was granted in your state’s judgment). And the debtor is going to have to be served with notice of the intended domestication (because she’s entitled to challenge jurisdiction and procedure when it was originally entered (i.e.–if there was a jurisdictional defect when it was entered in your state, that can be raised in the sister-forum).

So you need forms, and research sources on P.R. law, and you need to get a process server, and you may even have to file a Declaration or, worse yet, make an appearance to argue issues in court. If that happens, you don’t get to add your travel expenses. So get an person/entity that has these resources at the finger tips and don’t bite off more than you can chew. I’d point out the same potential problems if you were in Nevada and your debtor was in Arizona. Good luck.
 
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