P.R. Laws Ap. tit. 32A, § III, Rule 56.3

2019-02-20 00:00:00+00
Rule 56.3. Bond

A provisional remedy may be granted without the filing of a bond in any of the following cases:

(1) If it appears from public or private documents, as defined by law, signed before a person authorized to administer oaths, that the obligation may be legally enforced; or

(2) If party is indigent and expressly exempted by law from the payment of filing fees, and in the court’s opinion the complaint adduces facts sufficient to establish a cause of action which may evidently succeed, and there are reasonable grounds to believe, after a hearing to that effect, that if such provisional remedy is not granted the resulting judgment would be academic since there would be no property over which to execute it; or

(3) If a remedy is sought after judgment is entered.

Whenever the court grants the provisional remedy without the filing of a bond in accordance with the provisions of this rule, it may exclude certain property from its order.

In all other cases, the court shall require the filing of a bond sufficient to secure all the damages arising from the remedy. However, a defendant or respondent may retain the possession of the personal property attached by plaintiff or claimant by filing a bond for the amount the court deems sufficient to secure the value of said property. If the defendant furnishes a bond for the amount attached, the attachment will be left without effect.