How to claim money owed to you: Rule 60

A money-claim complaint is the mechanism by which someone owed a specific sum goes to court to recover it. Rule 60 of Civil Procedure is the summary route for that collection: a plaintiff can use it when the sum owed, excluding interest, is $15,000 or less. It is the closest thing to what other jurisdictions call small claims court, and it is designed to be usable without a lawyer: the Judiciary publishes the complaint form and its notification, available at court clerk’s offices and at the Pro Se Centers.

Rule 60 is available to anyone claiming a specific sum of money that, excluding interest, does not exceed $15,000. You must also be able to identify the defendant by name and physical and postal address: the Judiciary states that if you lack that information at filing, the case will proceed under the ordinary procedure and not under Rule 60. Both parties can appear at the hearing pro se or with legal representation.

• That the sum owed, excluding interest, is $15,000 or less.Verified against the official source
• Filing the complaint in the Municipal Courtroom where the defendant resides.Verified against the official source
• Having the defendant’s name and physical and postal address. Without it at filing, the case proceeds under the ordinary procedure and not under Rule 60.Verified against the official source
• Presenting $60.00 in internal revenue stamps.Verified against the official source
• Serving the notification-citation with a copy of the complaint within 10 days of filing, by personal delivery or certified mail. It is the plaintiff’s responsibility.Verified against the official source

• The complaint — the Complaint and Order under Rule 60 form (OAT 991) can be used — with your name, physical and postal address, phone, fax and email.
• The nature of the debt (what it is owed for) and the exact amount owed.
• A detail of the collection efforts you made before going to court.
• The draft notification-citation, which the clerk issues immediately. The Notification-Citation Under Rule 60 form (OAT 991A) can be used.
• Optional but useful: a sworn statement supporting the facts of the complaint, or a copy of any document evidencing the claim.

1. 1

   Step 1: Confirm it fits under Rule 60

   The sum owed, not counting interest, must be $15,000 or less. That “not counting interest” is literal: what is measured is the principal. Above that, the claim is still valid but goes through the ordinary procedure, which is longer.

2. 2

   Step 2: Get the debtor’s address

   This is the step people underestimate. If at filing you lack the defendant’s physical and postal address, the case is not handled under Rule 60: it moves to the ordinary procedure and you lose the fast track. Get it before going to the clerk’s office.

3. 3

   Step 3: File in the right Municipal Courtroom

   It is the Municipal Courtroom where the defendant resides, not where you live. Bring the complaint with the nature of the debt, the exact amount, the detail of your collection efforts, and $60.00 in stamps. That same day you are told the hearing date.

4. 4

   Step 4: You serve it, within 10 days

   The clerk issues the notification-citation immediately, but delivering it is your responsibility: within 10 days of filing, by personal delivery or certified mail, along with a copy of the complaint. Keep proof of that delivery.

5. 5

   Step 5: The hearing and same-day judgment

   The hearing on the merits is set within three months of filing, but never sooner than 15 days after the notification issued. Both parties can appear pro se or with a lawyer. The court evaluates the allegations and evidence and rules immediately. If the defendant does not appear and was duly notified, the court can enter default and rule ordering payment.

At the Clerk’s Office of the Municipal Courtroom of the Court of First Instance where the defendant resides. Form OAT 991 is available at court clerk’s offices, at the Pro Se Centers and in the online forms catalog.

• Filing without the debtor’s physical and postal address: the case leaves Rule 60.
• Filing in your own municipality’s courtroom instead of where the defendant resides.
• Counting interest toward the cap: the $15,000 is measured without it.
• Believing the court serves for you: delivery within 10 days is the plaintiff’s job.
• Arriving at the hearing without evidence of the debt or of the collection efforts.
• If you are sued, not appearing: default lets the case continue without you.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Complaint and Order (under Rule 60) — OAT 991

  Poder Judicial

  poderjudicial.pr

• Judiciary forms catalog

  Poder Judicial

  poderjudicial.pr