What does a stipulated judgement mean?

A stipulated judgment is a court order issued to settle a debt, which requires that a debtor pay their creditor a specified amount according to an agreed schedule.

What can be set out in a stipulated judgment?

In California, an agreement between divorcing parties can be set out in a Marital Settlement Agreement that is incorporated into a Judgment of Dissolution or in a stipulated judgment. Both consent documents will include orders resolving child custody, visitation, child support, spousal support and division of property matters.

Can a motion for execution of judgment be filed?

The law affords complying parties with remedies in case one of the parties to an agreement fails to abide by its terms. A party may file a motion for execution of judgment. Execution is a matter of right on final judgments. Section 1, Rule 39 of the Rules of Court provides: Section 1. Execution upon judgments or final orders.

What happens to a judgment when it is docketed?

The plaintiff can have the judgment “docketed” by paying a fee to the clerk. The clerk will put the judgment on an official, public list. Docketing a judgment will automatically place a lien on any real estate the defendant owns for 10 years.

Can a stipulated dismissal be entered into by a judge?

A stipulated dismissal is always a voluntary agreement between the parties. After the court makes a determination of how much the defendant should pay, the parties can enter into the agreement and have it entered as an order by the judge.

When does a defendant sign a stipulated judgment?

A stipulated judgment is signed when both – the plaintiff and the defendant – agree on the terms of judgment. As a defendant, agreeing to a stipulated judgment would mean that you are forgoing your right to a trial.

Can a stipulated judgment be more than four times the amount?

However, the prayer amount (and, thus, stipulated judgment amount) was more than four times the amount Plaintiff agreed to accept in settlement of its disputed claims. In conclusion, the appellate court ruled that the stipulation for entry of judgment illegally penalized Appellants for failing to pay the settlement amount.

Is the stipulated judgment void as a matter of law?

According to Defendants/Appellants, the stipulated judgment was void as a matter of law because no reasonable relationship existed between the damages that could have been anticipated based on their failure to pay the $75,000 settlement amount and the stipulated judgment for more than $300,000. The Court of Appeal agreed.

Why are stipulated judgments often reached between settling parties?

Stipulated judgments are often reached between settling parties both to enforce an underlying settlement and to encourage parties to fulfill their settlement obligations. This case instructs attorneys how to best finalize a stipulated judgment and properly protect their clients’ best interests.