The Court of Appeals of Puerto Rico has upheld a lower court's decision regarding a credit card debt case involving Rosa M. DÃaz Pomales and Island Portfolio Services, LLC. The court confirmed that DÃaz Pomales owes a total of $19,353.20 to Island Portfolio, which acts as an agent for Fairway Acquisitions Fund, LLC. This ruling emphasizes the importance of adhering to legal procedures in debt collection cases.
The decision, made on May 22, 2026, affects not only the parties involved but also sets a precedent for future debt collection cases in Puerto Rico. It highlights the necessity for defendants to provide substantial evidence when disputing claims against them.
Background
The dispute began when Island Portfolio Services filed a lawsuit against Rosa M. DÃaz Pomales on April 10, 2025, claiming she owed money for a credit card debt. The company alleged that DÃaz Pomales had taken out a credit card with Banco Popular de Puerto Rico, which was later assigned to Fairway Acquisitions Fund. The total amount owed was stated to be $19,353.20.
DÃaz Pomales responded to the lawsuit, initially acknowledging the debt and proposing a payment plan of $125 per month. However, she later filed a motion to dismiss the case, arguing that the debt was time-barred under Puerto Rican law, which stipulates a five-year limitation period for credit card debts. She claimed that the last payment on the debt occurred in 2015, while the lawsuit was filed in 2025.
The case progressed through the courts, with both parties submitting various motions and evidence. Ultimately, Island Portfolio Services requested a summary judgment, asserting that there were no material facts in dispute regarding the debt. The lower court ruled in favor of Island Portfolio, leading DÃaz Pomales to appeal the decision.
The Ruling
The Court of Appeals, led by Judge Lotti RodrÃguez, reviewed the case and confirmed the lower court's ruling. The judges found that the lower court had acted correctly in granting the summary judgment to Island Portfolio. The court stated, "the absence of controversies real sobre hechos materiales" (the absence of real controversies over material facts) justified the summary judgment in favor of Island Portfolio.
The judges also noted that DÃaz Pomales had previously admitted to the existence of the debt and did not provide sufficient evidence to dispute the claims made by Island Portfolio. The court emphasized that the evidence presented by Island Portfolio, including account statements and documentation of the debt assignment, was adequate to support their claim.
Impact
This ruling has significant implications for future debt collection cases in Puerto Rico. It reinforces the idea that defendants must provide substantial evidence when contesting claims against them. The court's decision also clarifies the requirements for summary judgments, indicating that when no material facts are in dispute, courts can rule in favor of the party seeking the judgment.
Additionally, the case highlights the importance of timely responses to legal actions. The court noted that DÃaz Pomales failed to appeal earlier decisions regarding the statute of limitations, which ultimately limited her ability to contest the debt's validity. This aspect of the ruling serves as a reminder for individuals facing legal claims to be proactive in their responses.
What's Next
Details were not available in the court filing regarding whether DÃaz Pomales plans to pursue further legal action or if she intends to appeal the decision to a higher court. The ruling from the Court of Appeals is final unless challenged in a higher court.