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123 Bail Bonds Servs. v. Sanchez

No Valid Basis to Secure Two Different Confessions of Judgment for Two Different Amounts

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BACKGROUND

*1 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 110-31 172nd 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.

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