TO THE MARSHAL OF THE COUNTY OF FAIRFIELD, GREETING:
BY THE AUTHORITY OF THE STATE OF CONNECTICUT, You are hereby
commanded to attach to the value of $12,000.00 the goods or estate of the defendant,
GENE F. ERIQUEZ, 78 Starrs Plain Road, Danbury, Connecticut and summon him and
ERIQUEZ CONSULTING, LLC, 30 Main Street, Danbury, Connecticut to appear at to
appear before the SUPERIOR COURT, JUDICIAL DISTRICT OF FAIRFIELD AT
BRIDGEPORT, 1061 Main Street, Bridgeport, CT 06604 on the Fourth Tuesday of May,
2007, said appearance to be made by said defendants or their respective attomey by filing
a written statement of appearance with the Clerk of said Court on or before the second
day after said return date then and there to answer unto NEWTOWN SAVINGS BANK,
956 White Plains Road, Trumbull, CT 06611 in a civil action wherein the plaintiff
complains and says:
FIRST COUNT: (As to the defendant, Eriquez Consulting, LLC)
1. On August 26, 2006, the defendant, Briquez Consulting, LLC entered into a
Quick Credit Term Note hereafter ( the “Note ”) with the plaintiff, Newtown Savings
Bank, (hereafter “the Bank”). A copy of the Note is annexed hereto as Exhibit A.
2. Eriquez Consulting, LLC promised to pay the Bank the sum of $10,000.00
together with interest at a rate of 11.5% in thirty six (36) equal monthly installments of
$330.58 with a final maturity date of August 28, 2009.
3. Enrique Consulting, LLC failed to make the monthly installments as they
became due in accordance with the Note and as a result of said default Enrique
Consulting, LLC is indebted to the plaintiff in the total principal amount of $9,296.04together with late charges of $200.00, loan fees of $216.00 and interest through April 12,
2007 in the amount of $4111.08 and per diem interest thereafter of $2.97 plus attomey’s
fees and costs.
4, Demand has been made upon the defendant for payment of the amounts set
forth herein, but to date it has failed, refused and neglected to pay said balance due.
SECOND Ct
(As to the defendant, Gene F. Eriquez)
1-3. Paragraphs one through three inclusive of the First Count are hereby made
Paragraphs one through three inclusive of the Second Count.
4, Inorder to induce the Bank to enter into the Note, the defendant, Gene F.
Eriquez unconditionally guaranteed the prompt payment and performance of all
obligations under the Note. A copy of his Guaranty is annexed hereto as Exhibits B.
5. The defendant, Gene F. Eriquez waived his right to a hearing and notice with
respect to any Prejudgment Remedy pursuant to the Note and the Guaranty. Copies of
the wavers are annexed hereto as Exhibits A-1 and B-1 respectively.
The waiver in the Note stat
“PREJUDGMENT REMEDY WAIVER. BORROWER AND EACH GUARANTOR,
‘ON THIS NOTE ACKNOWLEDGE THAT THE LOAN EVIDENCED BY THIS
NOTE IS A ACOMMERCIAL TRANSACTION AS DEFINED IN CHAPTER 903a OF
THE CONNECTICUT GENERAL STATUES, AS AMENDED, AND EACH WAIVES.
THEIR RESPECTIVE RIGHTS TO NOTICE AND HEARING UNDER SAID
CHAPTER 903a, OR AS OTHERWISE ALLOWED BY ANY STATE OR FEDERAL.
LAW WITH RESPECT TO ANY PREIUDGMENT REMEDY WHICH BANK MAY
DESIRE AND WAIVE THEIR RESPECTIVE RIGHTS TO REQUEST THAT BANK
POST A BOND IN CONNECTION WITH ANY SUCH PREJUDGMENT REMEDY.”‘The waiver in the Guaranty stat.
“GUARANTOR ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS
GUARANTY IS A PART IS A COMMERCIAL TRANSACTION, AND HEREBY,
WAIVES HIS RIGHT TO NOTICE AND HEARING UNDER CHAPTER 903a OF
THE CONNECTICUT GENERAL STATUTES, OR AS OTHERWISE ALLOWED BY
ANY STATE OR FEDERAL LAW, WITH RESPECT ANY PREJUDGMENT.
REMEDY WHICH THE BANK, THE BANK’S SUCCESSORS OR ASSIGNS MAY
DESIRE TO USE.”
6. Demand has been made upon the defendant for payment of the amounts set
forth herein, but to date he has failed, refused and neglected to pay said balance due.
THE PLAINTIFF :
Da 5 ELDMAN,
EVANS, FELDMAN & BOYER, LLC
PO, BOX 1694
NEW HAVEN, CT 06507-1694
203-772-4900
JURIS NO. 101240NEWTOWN SAVINGS BANK SUPERIOR COURT
VS. J.D. OF FAIRFIELD
ERIQUEZ CONSULTING, LLC, ET AL. AT BRIDGEPORT
DEMAND FOR RELEIF
‘The plaintiff in the above entitled matter claims the following:
1, Damages;
2. Costs; and
3. Reasonable Attomey’s fees.
‘THE PLAINTIFF
FELDMAN
LDMAN & BOYER, LLC
P.O. BOX 1694
NEW HAVEN, CT 06507-1694
203-772-4900
JURIS NO, 101240NEWTOWN SAVINGS BANK SUPERIOR COURT
VS. J.D. OF FAIRFIELD
ERIQUEZ CONSULTING, LLC,
AT BRIDGEPORT
STATEMENT OF AMOUNT IN DEMAND
‘The amount, legal interest or property in demand is more than $2,500.00 but less
than $15,000.00 exclusive of interest and costs.
THE PLAINTIFF
ELDMAN
EVANS, FELDMAN & BOYER, LLC
P.O. BOX 1694
NEW HAVEN, CT 06507-1694
203-772-4900
JURIS NO, 101240