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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have a question regarding a stipulation of settlement. The

Customer Question

Hi, I have a question regarding a stipulation of settlement.
The settlement was forged during a ongoing court case and states that payment is due on "X" date. My question is can I be a day or 2 late with a payment, the initial payment or otherwise, and still avoid a judgment being filed. The first line of the paragraph below confuses me. Thanks!
It states:
"PLaintiff agrees to withhold the entry of judgment as long as payments are made in accordance with the terms of this stipulation. In the event defendent fails to make the payments due hereunder for ten days after the due date, plaintiff may proceed, upon ten days written notice to defendents, to enter a judgment upon presenting an affidavit setting forth such default for the full amount.
Submitted: 2 years ago via Cornell Legal Info Institute.
Category: Legal
Customer: replied 2 years ago.
Also, the last paragraph of the stipulation states:"Unpon payment, in accordance with the terms of this stipulation, plaintiff will file a stipulation with the court discontinuing the action and send a letter to the court notifying it that the case is settled"By being one day late, did I still follow the terms of the stipulation? Does plaintiff still have to discontinue if payment was 1 day late?
Expert:  CalAttorney2 replied 2 years ago.

Dear Customer,

Please understand, I am not permitted to interpret your specific settlement agreement, and I could not do so based on only a single paragraph (or 2 clauses) if I was.

However, based only on what you posted here, there is a 10 day "grace period" built into the settlement plan, where you have 10 days after the agreed upon date to make payments or the plaintiff is entitled to have a judgment entered against you.

Once the payment is made (even if it is within the 10 days) the plaintiff is to file a dismissal.