Island Portfolio Services, LLC v. Aponte Betancourt, Javier R
KLAN202400653
| Tribunal De Apelaciones De Pue... | Aug 28, 2024Background
- Island Portfolio Services, LLC, as agent for Fairway Acquisitions Fund, LLC, sued Javier R. Aponte Betancourt in Puerto Rico municipal court for collection of a monetary debt of $8,875.39.
- Service on Aponte initially failed (certified mail went unclaimed); plaintiff later sought personal service and conversion to ordinary procedure, which was granted.
- After personal service, Aponte did not timely respond, leading the trial court (TPI Bayamón) to enter a default judgment and sanction Aponte $50, but later vacated the default, gave Aponte another chance to answer, and re-imposed the sanction.
- Aponte continued to delay, did not comply with the court’s orders to timely file a responsive pleading or pay the sanction, and ultimately, after seven months, the trial court entered judgment for plaintiff for the amount claimed.
- Aponte appealed, challenging the handling of his responses, the effect of the procedural defaults, and the management of his motion to dismiss for alleged lack of jurisdiction and improper service.
- The Court of Appeals affirmed the trial court, finding no abuse of discretion and upholding the judgment against Aponte.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was default judgment and striking of Aponte’s answer proper? | Aponte failed to answer on time | Delays due to confusion, attempted to answer | Proper - Court gave ample opportunity, no abuse |
| Should the court have ruled on the motion to dismiss before requiring an answer? | Discretion to manage proceedings | Dismissal for lack of jurisdiction, improper service | Proper - Court had discretion |
| Was service/notice jurisdictionally sufficient? | Service was ultimately personal | Delay in personal service, expired deadline | Proper - Plaintiff complied once process converted |
| Was denial of Aponte’s requests to vacate judgment/allow new filings error? | Aponte’s delays unjustified | Emergencies, confusion, right to a hearing | Proper - No justification for prolonged delay |
Key Cases Cited
- Asoc. Res. Colinas Metro. v. S.L.G., 156 DPR 88 (Regla 60, purpose to simplify/expedite small claims proceedings)
- Cooperativa v. Hernández Hernández, 205 DPR 624 (conversion from summary to ordinary procedure, requirements)
- BPPR v. SLG Gómez-López, 213 DPR (trial court discretion in case management)
- Pérez Quiles v. Santiago Cintrón, 206 DPR 379 (service of process confers jurisdiction over defendant)
- Cirino González v. Adm. Corrección, 190 DPR 14 (dismissal for lack of prosecution/discretion to sanction delay)
- Dávila v. Hosp. San Miguel, Inc., 117 DPR 807 (no right to indefinite delay; tardiness must be justified)