Summons

Those who can serve a summons are:

• the marshal of the court
• anyone over the age of 18 who can read and write and who is not a party to the case

Those who cannot serve a summons are:

• people who are a party to the case
• people who have an interest in the case
• the plaintiff (person filing the complaint or petition in the court)
• the plaintiff’s attorney
• relatives of the plaintiff or of plaintiff’s attorney

The summons and a copy of the complaint or petition are served simultaneously, as follows:

• if the defendant or respondent is of legal age, it is delivered to this party personally
• if the defendant or respondent is under the age of 14 (0-13 years), it will be given to a parent with parental rights or to their guardian
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• if the defendant or respondent is between the ages of 14 and 20, the documents will be delivered to the underage child and to their parent or guardian
• if the defendant or respondent is legally incapacitated and has been appointed a guardian, the documents will be given to both
• if the defendant or respondent is detained in a penal institution, the documents will be delivered to them and to the head of the institution

If the defendant or respondent is not among the categories mentioned, the plaintiff should retain the services of an attorney to carry out the process of serving the summons.

The plaintiff has 120 days to serve the summons, from the date on which the complaint or petition was filed with the clerk of the court. If it is not served within the term provided, the judge shall order that the case be dismissed without prejudice. This means that the person who filed the complaint or petition may file the case again.

The person serving notice of process (the person who delivers the summons with a copy of the complaint or petition) must complete or fill out the corresponding blanks on the back of the summons. In addition, they must make a statement under oath before a notary or before the clerk of any court, swearing that the information stated in the document concerning service is true and correct. Once sworn, the document is delivered to the clerk of the court where the case was filed as proof that the summons was served. This process must be carried out within the same term the defendant has to file an answer to the complaint or petition.

A valid photo ID and an internal revenue stamp of $5.00 must be presented in order for the clerk of the court to administer the oath.

It is when the summons and the copy of the complaint or petition cannot be delivered to the defendant or respondent.

The plaintiff must notify the defendant in writing that a complaint has been filed against them and request that they waive their right to be served.

To do so, the plaintiff must:

1. Send the defendant or authorized person, by certified mail with return receipt requested and restricted delivery, the following:
2. An original and a copy of the Notice of Complaint and Motion for Waiver of Service of Summons form (OAT 1579)
   • a pre-addressed envelope
   • a copy of the complaint with the date and time stamp of the filing with the court
   • Advise of the legal consequences of complying with or rejecting the waiver.
3. Advise that, if the person accepts the waiver, they must sign the document and certify that it was voluntary and not a product of coercion or violence, and return it within 20 days from the date on which the request was sent, or 30 days from the date on which the request was sent if the defendant is outside of Puerto Rico.

If the defendant does not return the completed form within the term provided, the court will order that they pay any expenses incurred by the plaintiff in the serving the summons, unless good cause is shown for not having filled out the form. In addition, the defendant will pay the attorney’s fees associated with the drafting of the motion requiring payment for the costs of serving the summons.

The plaintiff will file the waiver the defendant filled out with the clerk of the court where the complaint or petition was filed.