P.R. Laws tit. 30, § 2715

2019-02-20 00:00:00+00
§ 2715. Summary procedure—Proof of service required; notice by published edicts; proof of notice

Proof that the summons was served shall be contained in the certification which the marshall who served it makes and signs on the back of the demand order issued by the Clerk, where the name of the person summoned, the date and place in which he served the summons, the manner in which he served the summons, and the fact of having expressly warned him that if he did not pay all the money claimed in the procedure the mortgaged properties would be sold at public auction shall appear in said certification. The name or names and the date or dates, and place or places of the person or persons notified in the proceeding as owners or interested parties of encumbrances or real rights recorded or noted after the mortgage which is being foreclosed, or which are not prior to it, shall also appear for the purposes expressed in § 2710 of this title.

With respect to notification of the demand order by publication of the edict, this shall be proved by the sworn statement of the newspaper’s administrator or authorized agent, along with a copy of the published edict and a sworn statement proving that authentic copies of the initial brief and the demand order were sent by certified mail to the address of the debtor or of the third owner, by showing the acknowledgment of receipt of the person thus notified, or, when applicable, the postal evidence of failure to deliver them to the addressee.

At its discretion and in the terms that it believes fair, the court may permit amendment of any summons or proof that it was served by the marshal at any time.

History —Mortgage Law, 1979, § 215.