Civil Court of the City of New York, Bronx County
123 Bail Bonds Services, Inc., ATTORNEY IN FACT OF BANKERS INSURANCE, Plaintiff,
Petra Sanchez, Defendant.
MIGUELINA CAMILO, ESQ. Attorney for Plaintiff.
SANCHEZ Defendant Pro Se.
Sabrina B. Kraus, J.
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
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.
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.
states she received no notification of entry of the judgment
until the Marshal sought to execute the judgment by
garnishing her wages.
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.
PENDING BEFORE THE COURT
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.
§ 3218 governs judgments by confession and provides in
(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 ...