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Inc. v. Sanchez

Civil Court of the City of New York, Bronx County

December 18, 2017

123 Bail Bonds Services, Inc., ATTORNEY IN FACT OF BANKERS INSURANCE, Plaintiff,
v.
Petra Sanchez, Defendant.

          MIGUELINA CAMILO, ESQ. Attorney for Plaintiff.

          PETRA SANCHEZ Defendant Pro Se.

          Sabrina B. Kraus, J.

         BACKGROUND

         On or about May 2, 2016, Defendant submitted an application for a $5, 000.00 to Plaintiff to post bail for her brother Francisco Rivera (Rivera). Defendant submitted a signed indemnity agreement (Ex A), and an Affidavit of Confession (Ex B).

         On August 4, 2016, Rivera failed to appear for his court date in Nassau County, and on October 14, 2016 his bail was forfeited. On or about November 14, 2016, Plaintiff filed the Judgments of Confession.

         Plaintiff asserts that a copy was mailed to Defendant by certified mail to the address listed on her application 110-31172nd Street, Jamaica, NY 11433, and that delivery was attempted but it was marked " refused/moved" and returned on or about July 12, 2017. However, the Queens County address remains Defendant's current address.

         Defendant states she received no notification of entry of the judgment until the Marshal sought to execute the judgment by garnishing her wages.

         The two affidavits for the two judgments are identical except for the amount. The Confession filed under Index Number 12112 is for $5, 000.00. The Confession under Index Number 12111 is for $500.00. Both list Jamaica, New York as Defendant's county of residence and both state that they are given to secure the same appearance in court by Rivera.

         MOTIONS PENDING BEFORE THE COURT

         Defendant moves by order to show cause for an order vacating the judgments and related relief. Two separate motions were filed under each Index Number. The motions were originally returnable on November 13, 2017. Both motions were adjourned to December 12, 2017. On December 12, 2017, the court heard brief oral argument and reserved decision on the motions. Plaintiff filed only one set of opposition papers listing both index numbers. No reply papers were filed. The two motions are consolidate herein for disposition.

         DISCUSSION

         CPLR § 3218 governs judgments by confession and provides in pertinent part:

(a) Affidavit of defendant. Except as provided in section thirty-two hundred one, a judgment by confession may be entered, without an action, either for money due or to become due, or to secure the plaintiff against a contingent liability in behalf of the ...

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