In a significant ruling on August 24, 2026, the Puerto Rico Court of Appeals reversed a lower court decision regarding a credit card debt case involving Banco Popular de Puerto Rico and two individuals, Alfredo Hopgood Jovet and Ana MarÃa Otero Cintrón. The court's decision affects how debts incurred during marriage are treated after divorce, particularly in relation to credit card liabilities.
The case, docketed as TA2026AP00583, began when Banco Popular filed a lawsuit against Hopgood Jovet and Otero Cintrón for unpaid credit card debts totaling $21,515.73. Banco Popular claimed it acquired the credit card debt from Citibank and alleged that the couple had failed to pay the amount owed. The bank sought a summary judgment, asserting that there was no real dispute over the facts of the case.
However, Otero Cintrón denied the existence of the debt, claiming she never received statements or requests for payment from the bank. She argued that she did not request or use the credit card in question. The lower court, the Tribunal de Primera Instancia, ruled in favor of Otero Cintrón, granting her a summary judgment and dismissing the claims against her. Banco Popular then appealed this decision.
Background
Banco Popular de Puerto Rico, a well-known financial institution, initiated legal action against the couple after they allegedly defaulted on a credit card debt. The bank argued that it had purchased the credit card portfolio from Citibank, which included the card used by the defendants. The bank claimed that despite multiple attempts to collect the debt, it had been unsuccessful.
In response, Otero Cintrón and Hopgood Jovet contested the bank's claims, asserting that they had not received proper notice of the debt and that the bank's evidence was insufficient. The lower court noted that the couple had been married when the credit card was issued, which led to questions about the nature of the debt as a community obligation under Puerto Rican law.
After the lower court denied Banco Popular's motion for summary judgment, the bank appealed, arguing that the court had erred in its ruling by not recognizing the existence of a real dispute regarding the facts of the case. The appeals court was tasked with reviewing the lower court's decision and determining whether the summary judgment was appropriate.
The Ruling
The Puerto Rico Court of Appeals ultimately decided to reverse the lower court's ruling. The court found that the lower court had made an error by dismissing the claims against Otero Cintrón without adequately addressing the nature of the debt as a community obligation. The court stated, "The desestimación sumaria de la reclamación contra la apelada no procede porque es un hecho incontrovertido que el apelado obtuvo la tarjeta durante su matrimonio." This translates to, "The summary dismissal of the claim against the appellee does not proceed because it is an undisputed fact that the appellant obtained the card during his marriage."
The court emphasized that debts incurred during marriage are generally considered community debts, which means both spouses can be held responsible for them. The court noted that the burden of proof lies with the party denying the existence of the debt, which in this case was Otero Cintrón.
Furthermore, the court highlighted that the divorce does not absolve individuals from liability for community debts. The ruling clarified that the obligations remain part of the community property, even after the dissolution of marriage. The court's opinion indicated that the bank had sufficient grounds to pursue the claim against Otero Cintrón.
Impact
This ruling has significant implications for how credit card debts are treated in the context of marriage and divorce in Puerto Rico. It reinforces the principle that debts incurred during marriage can be deemed community obligations, affecting both parties even after separation. This decision may influence future cases involving financial responsibilities following divorce, particularly in disputes over credit card debts.
Individuals in similar situations may need to reassess their understanding of financial liabilities post-divorce, especially regarding debts incurred during the marriage. The ruling serves as a reminder that both spouses may still be held accountable for debts, regardless of who incurred them or who benefited from them.
What's Next
Banco Popular's case against Otero Cintrón will now proceed in the lower court based on the appeals court's ruling. The decision can potentially be appealed to the Supreme Court of Puerto Rico, depending on the future actions of the parties involved. Details were not available in the court filing regarding any related cases pending.