(a) A defendant who waivers a summons does not waiver raising the defense of lack of standing, or requesting the transfer of the case to a court with jurisdiction.
(b) A person of legal age, corporation, company, partnership, association, or any other legal person notified that a claim has been raised against him has the duty to avoid the expenses for the processing of a summons.
(c) The claimant may notify the defendant that a claim has been raised against him and, in said notification, request that the defendant waiver the summons. The notification:
(1) Must be in writing and addressed to the defendant, if it is an individual, or to an official, administrative manager or general agent, or to any other agent authorized to receive summonses by means of appointment or legal designation, in the case of a corporation, company, partnership, association, or any other legal person.
(2) Must be sent by certified mail with return receipt requested, or by other reliable means that confirm the receipt of the document.
(3) Must be accompanied by a copy of the claim and must identify the court at which it was filed.
(4) Must inform the defendant of the consequences entailed by compliance or non compliance with the request.
(5) Must allow the defendant a reasonable term to return the waiver, which shall be of at least thirty (30) days, starting on the date in which the request was sent, or sixty (60) days from that date if the defendant is abroad.
(6) Must provide the defendant with an additional copy of the request, as well as a self-addressed envelope.
If the defendant does not fill out the waiver request, the court shall impose upon same the payment of the expenses incurred in the processing of the summons. However, the court shall not impose the payment of such expenses if the defendant is able to show just cause for not having filled out the waiver request.
(d) A defendant who promptly returns the summons waiver shall not have to answer the claim until after sixty (60) days after the date in which the request was sent to him, or ninety (90) days, if the defendant is abroad.
(e) The date of the notification of the claim and the summons shall be the same as that in which the claimant submits the summons waiver to the court.
(f) The expenses to be paid by the defendant that does not comply with the request for the summons waiver shall be those incurred by the claimant for the processing of the summons, in addition to the expenses incurred in attorney’s fees for the preparation of the motion requesting payment of the expenses for the summons.
History —Rules of Civil Proc. 1979, added on Jan. 2, 2003, No. 34, § 1.