By Rebeca Dorna | Communications
We share yet another example of how services we are providing make it possible that low-income individuals to reach justice.
Don Bienvenido’s aunt and her husband filed a possessory injunction against him in which they claimed to own a house in Isabela that he had broken into and taken possession. The possessory injunction is a summary judicial process that aims to ascribe the possession of a property to an individual. This procedure is used to protect the peaceful possession of a good.
Other were the facts. Don Bienvenido had purchased the house from his aunt several years prior but had to spend nearly two years at his daughter's home in Florida due to medical reasons. When he learned from a family member that the plaintiffs removed his belongings and were upkeeping the property ostensibly to sell it, he traveled to Puerto Rico to verify what was happening with his house.
He sought legal representation by our Aguadilla Service Center. His legal representative alleged in a motion to dismiss the case, that the possessory injunction was not the appropriate figure in this case and that the plaintiffs did not allege that they were in possession of the property during these last years and did not present evidence to prove possession, among other things.
Documents about improvements made to the property and sworn statements in which Mr. Bienvenido asserts that he is the owner and was granted benefits to fix the property after Hurricane Maria were submitted.
After several procedural incidents, a hearing was held. During the cross-examination the plaintiffs admitted to not being in possession of the property for more than 20 years and that they had sold the property to the defendant. The plaintiffs admitted for the record that they had lived in the continental United States for more than 20 years, where they received government assistance.
After presenting all evidence, our client's representative filed a motion to dismiss the case since the plaintiffs had not proven that they were entitled to a remedy. The motion to dismiss "nonsuit" was granted. With this action, Mr. Bienvenido was able to continue living his property.
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