P.R. Laws tit. 10, § 2423

2019-02-20 00:00:00+00
§ 2423. Repossession procedure

(a) In the financing leases, the lessor shall have the option to file a repossession procedure by presenting a sworn and written statement declaration before the Clerk of the Court of competent jurisdiction in the case, stating that the lessee has not met the terms of the lease contract.

(b) Upon receiving the sworn statement and a copy of the lease agreement, the Clerk of the Court shall charge the fees established in §§ 1476 et seq. of Title 32, and shall summon the interested parties, in writing, for a hearing that shall take place before the competent court within ten (10) days following the date of the summons, to hear the case.

(c) At said hearing, the court shall determine whether the lessee has not met the terms of the lease, in which case it shall issue an order providing that the Marshall shall repossess the leased goods, which he/she shall deliver to the lessor, subject to the provisions of this chapter. The Marshall shall consign the fact of the repossession on the back of the sworn statement and the delivery of the leased goods, describing it in detail and shall hand the lessor a copy of the sworn statement and of the service on the back thereof, on which he/she shall consign the place, date and hour of the repossession and shall remit the original documents to the Clerk of the Court. When the court Marshall receives the above mentioned sworn statement, he/she shall charge the amount stated in §§ 1476 et seq. of Title 32, which he/she shall cancel in internal revenue stamps, and which includes the cost of notation in the Office of the Clerk of the Court.

The court shall also issue a judgment sentencing the lessee to pay the corresponding amounts pursuant to the contract and those provided in this chapter.

History —Aug. 13, 1994, No. 76, § 25; Aug. 12, 1999, No. 229, § 1.