Island Portfolio Services, LLC. v. Padilla Negron, Liz Y
KLAN202400530
| Tribunal De Apelaciones De Pue... | Aug 21, 2024Background
- Island Portfolio Services, LLC (IPS) filed a collection of money claim against Liz Y. Padilla Negrón in the Superior Court of Bayamón.
- IPS attempted to serve Padilla Negrón personally without success and obtained a court order to serve her by publication (edicto).
- The edict was published on January 31, 2024, within the 120 days allowed by Rule 4.3 of Puerto Rico's Civil Procedure Rules.
- The trial court (TPI-Bayamón) ordered IPS to prove service by edict within 10 days; IPS failed to do so timely due to a health issue, but submitted proof the day after the case was dismissed.
- The trial court dismissed the claim without prejudice, reasoning that IPS failed to provide proof of service within the statutory period; motions to reconsider and admit proof were denied.
- IPS appealed, arguing that the actual timely service by edict satisfied the law, even if proof was belatedly submitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tardy filing of proof of service by edict warrants dismissal if service was timely made | IPS: Timely service was made; late proof submission should not defeat the claim | Padilla Negrón: N/A (did not appear/respond) | No, timely service suffices; case reinstated |
| If absence of prompt proof of service in record affects validity of service | IPS: Service is valid if made, regardless of when proven in court record | Padilla Negrón: N/A | Proof may be filed late; validity of service remains |
| Proper interpretation of Rule 4.7 and 4.6 of PR Civil Procedure | IPS: Rules allow late proof filing; case law supports this | Padilla Negrón: N/A | Rules interpreted to allow later proof barring prejudice |
| Whether dismissal furthers principles of justice and judicial efficiency | IPS: Dismissal unjust where no procedural prejudice | Padilla Negrón: N/A | Dismissal not justified; case should continue |
Key Cases Cited
- Ross Valedón v. Hosp. Dr. Susoni, 213 DPR _ (Puerto Rico 2024) (Emphasized the distinction between timely service and late filing of service proof)
- Martajeva v. Ferré Morris y otros, 210 DPR 612 (Puerto Rico 2022) (Clarified rules on service by publication)
- SLG Rivera-Pérez v. SLG Díaz-Doe et al., 207 DPR 636 (Puerto Rico 2021) (Strict compliance principles for substitute service)
- Bernier González v. Rodríguez Becerra, 200 DPR 637 (Puerto Rico 2018) (Jurisdictional prerequisites for valid service)
- Maldonado v. Colón, 68 DPR 340 (Puerto Rico 1948) (Late proof of service does not affect service validity)