In short
Serving means handing the defendant the summons document along with a copy of the complaint. Two things sink cases: the deadline and who delivers it. The deadline is 120 days from filing the complaint at the Clerk’s Office — or from when the summons was issued, if later — and failing to serve in time means the judge orders dismissal and archiving without prejudice. And you cannot deliver it yourself: the plaintiff, their lawyer, relatives of either, and anyone who is a party or has an interest in the case cannot serve. A court sheriff can, as can any person over 18 who can read and write and is not part of the case. After delivering it, the server must swear the information is true before a notary or any court clerk — $5.00 in stamps if sworn at the Clerk’s Office — and file it, within the same term the defendant has to answer.
What is it?
Service of the summons is the act commonly known as “emplazar”: handing the defendant the summons document with a copy of the complaint or petition. It is what gives the court jurisdiction over that person and what starts the term they have to answer. There is also waiver of service, a mechanism by which the plaintiff asks the defendant in writing to waive personal service, and service by edict for when the person’s whereabouts are unknown or they are hiding.
Who can do it?
A court sheriff can serve a summons, as can any person over 18 who can read and write and is not part of the case. Those who cannot serve it are people who are parties to the case, people with an interest in the case, the plaintiff, the plaintiff’s lawyer, and relatives of the plaintiff or their lawyer. Waiver of service cannot be used to serve minors, incapacitated persons, the Commonwealth of Puerto Rico, its agencies, corporations, instrumentalities, municipalities, or officials in their official or personal capacity.
Requirements
- Serving within 120 days of filing the complaint or petition at the court Clerk’s Office. If the Clerk issued the summons on a later date, the 120 days run from that issuance.Verified against the official source
- Having it delivered by the court sheriff or a person over 18 who can read and write and is not part of the case. Never the plaintiff, their lawyer, or relatives of either.Verified against the official source
- Delivering the summons document and the copy of the complaint or petition together.Verified against the official source
- Having the server declare under oath — before a notary or any court clerk — that the information about the service is true and correct, and file the document at the Clerk’s Office of the court where the case was filed.Verified against the official source
- Doing that within the same term of days the defendant has to answer the complaint or petition.Verified against the official source
Documents you need
Cost
$5.00 in internal revenue stamps to swear the return at the court Clerk’s Office, plus valid photo identification. The Judiciary does not publish the cost of the service itself on this page.
Verified against the official source · August 14, 2026
Step by step
Step 1: Mark the 120 days
They count from when you filed the complaint or petition at the court Clerk’s Office; if the Clerk issued the summons on a later date, they count from that issuance. If you do not serve within the term, the judge will order the case dismissed and archived without prejudice, meaning you could refile — but the case you had is over.
Step 2: Find someone who can deliver it
You cannot. Neither can your lawyer, your relatives, your lawyer’s relatives, or anyone who is a party or has an interest in the case. The court sheriff can, as can any person over 18 who can read and write and is not part of the case. A friend who meets that serves; you do not.
Step 3: Deliver according to who the defendant is
If of age, personally to that person. If aged 0 to 13, to their parent with parental authority or guardian. If aged 14 to 20, to the minor AND to their parent or guardian: both. If judicially incapacitated with a guardian, to them and their guardian. If held in a penal institution, to them and to the institution’s director. If your case falls into none of those categories, the court says to hire a lawyer for the service.
Step 4: Swear the return and file it on time
Whoever delivered the summons must declare under oath — before a notary attorney or any court clerk — that the information about the service is true and correct. Once sworn, it is filed at the Clerk’s Office of the court where you filed the case as proof. And this is what gets forgotten: it must be done within the same term of days the defendant has to answer.
Step 5: Alternative: ask them to waive service
You can notify the defendant in writing that you filed a claim and ask them to waive being served. It goes by certified mail with return receipt and restricted delivery: form OAT 1579 in original and copy, a pre-addressed envelope, and a copy of the complaint bearing the court’s stamp. You must inform them of the legal consequences of complying or not, and that if they accept they must sign acknowledging the waiver was voluntary and return it within 20 days of sending, or 30 if they are outside Puerto Rico. If they return it completed, you file it at the Clerk’s Office where you filed.
Step 6: If you cannot find them: edict, and with a lawyer
If the defendant is outside Puerto Rico, did not waive personal service and their whereabouts are unknown or they are hiding, service must be by edict. The Judiciary itself recommends hiring a lawyer for that, because the process is highly technical. This guide does not describe its steps for that same reason.
Where to do it
The summons is issued by the Clerk’s Office of the court where you filed the case, and the sworn return is filed there too. The oath can be taken before a notary attorney or before the clerk of any court.
How long it takes
What to do if something goes wrong
If you were served, what starts running is your term to answer; in an irreparable-breakdown divorce that is 30 days, and other actions have their own. If you were asked to waive service and do not return the completed request within the term, the court will impose the costs the plaintiff incurred in serving you, unless you show just cause, plus attorney fees for preparing the motion claiming those costs. If the document could not be delivered, that is a negative return. If the case is against the Commonwealth, its agencies, municipalities or officials, or against minors or incapacitated persons, waiver of service cannot be used. This guide does not describe service by edict or state the cost of service itself, because the Judiciary recommends a lawyer for the first and does not publish the second. PRFácil does not serve summonses and gives no legal advice.
Common mistakes
- Delivering the summons yourself: the plaintiff cannot serve.
- Asking a relative of yours or your lawyer’s to deliver it: they cannot either.
- Letting the 120 days pass and losing the case to dismissal and archiving.
- Serving someone aged 14 to 20 by delivering only to the minor and not also to their parent or guardian.
- Delivering the summons without the copy of the complaint: they go together.
- Serving properly and then not swearing and filing the return within the term the other party has to answer.
Frequently asked questions
Can I hand the complaint to the person myself?
No. The plaintiff cannot serve the summons, nor their lawyer, nor relatives of either, nor anyone who is a party or has an interest in the case. The court sheriff can, as can any person over 18 who can read and write and is not part of the case.
How long do I have to serve?
120 days from filing the complaint or petition at the Clerk’s Office, or from when the Clerk issued the summons if that was later. If you do not serve within that term, the judge orders the case dismissed and archived without prejudice.
What if I ignore a request to waive service?
If you do not return the completed request within the term, the court will impose the costs the plaintiff incurred in serving you, unless you show just cause, plus attorney fees for preparing the motion requesting that payment.
What does swearing the return cost?
If you swear it at the court Clerk’s Office, you need valid photo identification and a $5.00 internal revenue stamp. It can also be sworn before a notary attorney.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
poderjudicial.pr
- Judiciary forms catalog (OAT summons forms)
Poder Judicial
poderjudicial.pr
- Judiciary educational booklet on service of process (PDF)
Poder Judicial
poderjudicial.pr
Last verified
August 14, 2026
MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.
MiPRFácil does not submit applications on your behalf.
Was this guide helpful?
Did you find out-of-date information?
How to claim money owed to you: Rule 60
The summary procedure for debts of $15,000 or less: $60 in stamps, form OAT 991 and a hearing within three months.
Puerto Rico court marshals: which orders they serve and when they knock on your door
The seven orders they carry out — from serving process to evictions — the Special Marshals Unit, and why they are the ones who attend the jury.
Your day in court in Puerto Rico: how to behave, when you speak, and what to do if you lose
The courtroom rules, what to do when called to testify, the order in which parties speak, and how to ask for reconsideration on the spot.
What filing a case costs: Puerto Rico court fees and stamps
The Judiciary’s official fee schedule: complaints, appeals, copies, weddings, service of process and marshal’s work.
If you cannot pay court fees: the indigency waiver
The in forma pauperis petition. The clerk takes the sworn statement free, and if granted you litigate as if you had paid.