CIV-GP-31-i- Stipulation of Settlement and Affidavit Upon Default

Jurisdiction: United States | New York

What is a CIV-GP-31-i- Stipulation of Settlement and Affidavit Upon Default?

A CIV-GP-31-i- Stipulation of Settlement and Affidavit Upon Default is a court-approved settlement agreement that resolves a New York City Civil Court case on specified terms and preauthorizes entry of judgment if the paying party later defaults and does not cure. Once a judge So Orders the stipulation, it functions both as a binding contract and a court order. The companion affidavit upon default is used only if an uncured default occurs and allows the non-breaching party to request judgment through a streamlined, documentary process.

The tool has two integrated parts:

• Stipulation of settlement: Sets the parties’ final deal—total amount, any conditional reduction, payment schedule or lump sum deadline, payment method and destination, interest or fees if any, notice addresses, and precisely what constitutes default and its consequences. Signatures from all parties (and counsel, if any) are required. After judicial approval, the stipulation becomes enforceable as an order.
• Affidavit upon default: If a default occurs and is not cured within the specified period, the plaintiff submits a sworn, notarized affidavit attaching the conformed stipulation and supporting proof (payment ledger, default notice, mailing proof, and any other required documents) to request judgment consistent with the stipulation.

Why parties use this form

• Plaintiffs avoid trial, lock in a clear payment plan or lump-sum deadline, reduce litigation costs, and secure a fast track to judgment if the other side stops paying.
• Defendants avoid immediate entry of judgment (benefiting credit and reducing enforcement pressure), often receive a discount for timely performance, and get a predictable schedule to resolve the claim.
• Courts conserve resources by reducing hearings and motions; compliance occurs largely outside the courtroom unless a dispute or uncured default arises.

Where it fits

• Money claims such as consumer debt, unpaid invoices, property damage, medical accounts, small business disputes, and other straightforward monetary actions.
• Plans can include lump sums within a set time, installments with specific due dates, conditional reductions that revert upon uncured default, or limited non-monetary actions (e.g., returning property) tied to payments.

Why it matters that the stipulation is So Ordered: The judge’s signature integrates the agreement into the case record and authorizes enforcement exactly as written. The court will rely on the stipulation’s clarity; vague terms invite rejection or disputes later. The affidavit upon default keeps enforcement efficient—judgment can be entered based on sworn papers that demonstrate the default, the notice and cure steps, and the final balance.

For defendants, the chief advantage is resolving the case without immediate judgment and having a path to closure if they pay as agreed. For plaintiffs, the chief advantage is predictable recovery plus a defined, document-driven route to judgment if payments fail. In sum, the form ends litigation on clear, court-backed terms and predefines how a judgment will be entered if the settlement is not honored.

When Would You Use a CIV-GP-31-i- Stipulation of Settlement and Affidavit Upon Default?

Use this form when a New York City Civil Court case is settling, and both sides want an enforceable, detailed agreement with a built-in remedy for uncured default. It is well-suited when:

• The dispute is a money claim resolved by a lump sum or installments.
• You want precise, court-approved logistics (due dates, methods, addresses, cure period, notice mechanics).
• Both sides want to avoid a trial and keep future enforcement predictable.

Common users and scenarios

• Creditors/debt buyers resolving consumer debts, small businesses closing accounts receivable disputes, medical providers collecting balances, insurers wrapping up subrogation/property damage claims, and contractors or tradespeople settling discrete monetary claims.
• Lump sum with deadline and reversion if missed; monthly installments with fixed dates, precise amounts, and clear payment instructions; conditional reductions that apply only if every payment is timely; limited non-monetary obligations linked to payments.

How it works in practice

• The parties sign the stipulation, submit it for judicial approval, and then follow it without returning to court unless an issue arises.
• If a payment is missed, the plaintiff sends the stipulated default notice to the stated address and waits for the cure period. If the default is not cured, plaintiff submits the affidavit upon default with the required documents to enter judgment for the stipulated amount and lawful additions.

Limits and cautions

• If the core relief is injunctive or non-monetary, a different mechanism may be better, or draft those non-monetary duties with dates and objective completion criteria.
• If there are multiple defendants, specify each person’s obligations and whether liability is joint, several, or apportioned. Ambiguity complicates enforcement.
• If a party doubts its ability to perform, it is better to adjust terms (smaller installments, shorter timeline, or simpler structure) than to sign a plan likely to fail.

Bottom line: Use this form to finalize a court-backed settlement with exact payment mechanics and a document-driven path to judgment if the agreement is not honored.

Legal Characteristics of the CIV-GP-31-i- Stipulation of Settlement and Affidavit Upon Default

This stipulation is both a contract and, after it is So Ordered, a court order. That dual status drives enforceability and procedure.

Core enforceability elements

• Clear assent and specific terms: State totals, due dates, amounts, locations/methods of payment, the definition of default, any grace or cure period, and the precise consequence of uncured default. Replace vague phrases with dates, dollar figures, and addresses.
• Judicial approval: A judge’s signature integrates the stipulation into the case and authorizes court enforcement. Without judicial approval, you have only a private agreement and cannot rely on the streamlined default process within the case file.
• Default mechanics: Define default triggers (e.g., non-receipt by a specific date, returned payment, failure to complete a non-monetary task), the notice method and address, when the cure period starts, and what happens if the default is not cured (judgment for a stated amount plus lawful costs and any agreed interest/fees).
• Documentary route to judgment: The affidavit upon default must be sworn by someone with knowledge and be supported by a payment ledger, proof of mailing the default notice, and a conformed copy of the stipulation. The goal is to make judgment entry possible without further hearings by giving the court an accurate, complete package.
• Lawful additions: Interest and fees must have a basis (statute, contract, or stipulation) and be clearly quantified or capped. If interest accrues only on default, say so and show your calculation in the default package.

General considerations

• Voluntariness and fairness: Courts may review for fairness, particularly if one party is unrepresented. Avoid overreaching or confusing language. If a party needs translation, note that the terms were explained in their language.
• Capacity and authority: Ensure signatories have the authority to bind any business entity and include all necessary parties. Clarify joint/several liability or allocations for multiple defendants.
• Integration and modification: State that the stipulation is the entire agreement and that changes require a written, signed, court-approved modification. This prevents disputes over side deals.
• Notice details: Specify the mailing method (first-class is common unless parties prefer a trackable service), addresses, and when the cure period starts (from mailing or delivery). Keep notice addresses current; include a procedure for updates.
• Records and privacy: Maintain receipts, proof of mailing, and a contemporaneous ledger. Redact sensitive information; avoid unnecessary personal identifiers.

Affidavit upon default content

• Identify the affiant and their knowledge; state the stipulation date and that it was So Ordered.
• Recite payment terms; describe the default by date and amount.
• Show that the notice was mailed as required and that the cure period expired without cure.
• Provide a ledger and calculation of the balance due, including any stipulated interest/fees with the math shown.
• Attach the conformed stipulation and proof of mailing; include any required statements (e.g., military status if the defendant did not appear).

If the non-breaching party does not follow the stipulated default process, the clerk or judge may reject the request for judgment. Precision at drafting and during performance avoids later enforcement problems.

How to Fill Out a CIV-GP-31-i- Stipulation of Settlement and Affidavit Upon Default

Work carefully and consistently. Every number, date, and address should be self-explanatory to someone unfamiliar with the case.

1) Case caption and court details

• Identify the court and correct county (Bronx, Kings, New York, Queens, or Richmond); copy the index/docket number and part exactly.
• Use the full case title as on the summons/complaint.

2) Party information

• List each party’s legal name, mailing address, phone, and email; specify counsel of record and service address if represented.
• State separate addresses for payments and notices if different, and for each defendant if applicable.

3) Settlement amount and terms

• State the total settlement amount; include both the reduced and fallback amounts if a conditional reduction applies.
• Detail the payment structure: exact installment amount, due date each month (e.g., “15th”), start date, final payment date, and payment destination and method (check/money order/portal).
• If interest applies, specify the rate, the accrual start (e.g., upon default), and whether it is simple or compounding.
• If fees/costs are allowed upon default, state the basis and amount/cap.
• If a payment is returned or reversed, say whether that is a default and whether certified funds are required thereafter.

4) Default terms and cure

• Define default clearly (late or missing payment beyond the grace period, returned payment, or failure to complete a non-monetary duty).
• State grace/cure periods and when they start; specify notice method and exact address.
• Explain the remedy: upon uncured default, the plaintiff may submit the affidavit upon default and enter judgment for the stipulated amount plus allowable interest/costs/fees.
• Describe conditional reduction mechanics (what reverts and how to calculate the balance after credits).

5) Judgment upon default mechanics

• Authorize judgment by affidavit upon uncured default without further notice beyond what the stipulation requires.
• Explain the computation (remaining principal less payments, plus agreed interest and allowable costs); specify interest start and rate.
• List documents to be submitted (conformed stipulation, ledger, notice, mailing proof, any required affirmations such as military status if the defendant did not appear).
• Clarify whether judgment upon default is the unreduced figure or another stated amount.

6) Discontinuance or satisfaction upon payment

• State that the action will be discontinued with prejudice upon full payment and the timeline for filing discontinuance; or, if judgment is contemplated but held in abeyance, state that no judgment will be entered absent uncured default.
• Require written confirmation of full payment and prompt filing of satisfaction of judgment or discontinuance.

7) Admissions and releases

• Avoid unnecessary admissions; if included, state them narrowly.
• Define any release precisely (case-related, mutual, or one-way, effective upon final clearance of funds).

8) Additional protections and logistics

• Provide a method for updating addresses and determining when notices to the last known address remain effective.
• If translation occurred, acknowledge that the terms were explained in the preferred language.
• If using an online portal, explain account setup, fees (if any), and what counts as “received” (credit date vs. initiation).

9) Signatures and acknowledgments

• Have each party sign and date; for entities, include title and authority.
• Attorneys should sign as to form/content.
• Leave space for the judge’s signature and “So Ordered” notation.
• Complete notary blocks if the form or part requires them (the settlement typically is not notarized; the later affidavit is).

10) Affidavit upon default (use only if a default occurs)

• Title “Affidavit Upon Default”; identify the affiant and basis of knowledge.
• State the stipulation date, So Ordered status, payment terms, default specifics, and notice/cure compliance (date/method/address of mailing).
• Attach the ledger and calculate the amount sought, showing math for interest and fees.
• Include any required military status statement if the defendant did not appear.
• Sign and notarize with a complete notary block.

11) Filing after default

• File the affidavit upon default with a proposed judgment, bill of costs (if any), conformed stipulation, payment history, and notice/mailing proof in the correct county.
• Provide a self-addressed stamped envelope if filing by mail or in person.
• If the clerk flags deficiencies, correct and resubmit promptly.
• Keep time-stamped copies and maintain organized records.

12) After full performance

• File the stipulated closing document (discontinuance with prejudice or satisfaction of judgment) promptly after final payment clears.
• Provide written confirmation to the other side and keep proof of filing.
• Retain your records for a reasonable period in case questions arise.

Practical tips

• Use calendar dates for due dates and exact amounts; avoid vague terms like “monthly.”
• Double-check payee names and addresses for payments and notices; use trackable mail if disputes are likely.
• Keep fees/interest lawful and clearly stated; include caps or fixed amounts if used.
• Obtain the judge’s signature before relying on the stipulation.
• Start and maintain a meticulous payment ledger from the first payment.

Legal Terms You Might Encounter

• Stipulation of settlement: The written, court-approved agreement that ends the case on defined terms, including amount, schedule, and consequences of default.
• So-ordered: The judge’s approval that converts the stipulation into a court order enforceable as written.
• Settlement amount: The total that resolves the case; may be a lump sum or installments and can include a conditional reduction if performance is timely.
• Installment schedule: A detailed plan listing exact per-payment amounts, due dates, start/end dates, payee, and acceptable methods, plus what counts as “received.”
• Default: A failure to perform (late/missed payment beyond grace period, returned payment, or missed non-monetary obligation) as defined in the stipulation.
• Cure period: The time allowed to fix a default after a default notice is sent; the stipulation must state how the period begins and how cure is satisfied.
• Notice of default: The written notice that a default occurred, specifying what was missed and how to cure; the stipulation controls method and address.
• Affidavit upon default: A sworn, notarized submission establishing the default, compliance with notice/cure, and the amount due, with attachments supporting judgment entry.
• Entry of judgment: The court’s formal decision that a specific sum is owed, creating enforceable collection rights; the stipulation should define the judgment amount upon uncured default.
• Discontinuance or satisfaction: The document that closes the case after full payment—either a stipulation of discontinuance (no judgment) or satisfaction of judgment (if judgment exists).

FAQs

Do you have to come back to court after signing?

Usually no. After the judge signs the stipulation, the parties perform without further appearances unless a dispute arises. Some judges schedule a brief compliance check; otherwise, enforcement occurs through the affidavit upon default if there is an uncured default.

Does the settlement require notarization?

The settlement itself typically does not, unless a judge or party requires it. Parties (and attorneys, if any) sign and submit for approval. The affidavit upon default must be notarized.

Is a judgment entered immediately upon signing?

No. The stipulation’s purpose is to avoid immediate judgment. Judgment is entered only if the stipulation authorizes it and the paying party defaults and fails to cure as specified.

Can you change due dates or amounts after signing?

Only by a written, signed modification that the court approves. Informal changes by email or text are risky and may not prevent default under the original terms.

What if you mail a payment on the due date and it arrives late?

Most stipulations treat payments as received upon delivery/credit, not mailing. Mail early or use permitted electronic methods and confirm processing times. If there is a cure period, pay within it to avoid an uncured default.

Can you pay off the balance early?

Typically yes. Ask for a written payoff good through a date certain, include any accrued interest if applicable, and get written confirmation when paid. Then file the closing document indicated in the stipulation.

Must a default notice be sent before filing the affidavit?

Follow the stipulation. If it requires notice and a cure period, you must send the notice as specified and wait for the cure period. The court will expect proof of mailing and clear dates.

What if your address changes during the plan?

Notify the other side promptly in writing per the notice clause, request written acknowledgment, and update any portal profile. Until an update is received, notices to the last address may still be effective.

Checklist: Before, During, and After the CIV-GP-31-i- Stipulation of Settlement and Affidavit Upon Default

Before signing

• Confirm the caption, index/docket number, and party names match court papers.
• Verify payment and notice addresses; pick addresses monitored daily.
• Decide the total settlement amount; if conditional, state both reduced and fallback amounts and when each applies.
• Set exact installment amounts, due dates, first and final payment dates; confirm the math equals the settlement total.
• Choose payment methods and destination; specify payee.
• Decide whether interest and fees apply and how they are calculated; include caps or fixed fees if used.
• Define default triggers, grace and cure periods, notice method, address, and cure start date.
• Identify non-monetary duties with objective deadlines if included.

During signing

• Recheck all numbers and dates and ensure notice/cure mechanics are complete and consistent.
• Confirm payment instructions (payee, address, portal) are accurate and consistent throughout.
• Ensure judgment-upon-default language matches the payment math and conditional reduction, if any.
• Attach any exhibits (e.g., payment schedule) and label them.
• Obtain all signatures; leave space for the judge’s signature and date.

After signing

• Submit for judicial approval; obtain and distribute conformed copies.
• Calendar all due dates and notice deadlines; set reminders.
• Make payments exactly as instructed; keep receipts and proof of mailing/credit.
• If default occurs, follow the steps: send notice, wait for the cure, then file the affidavit with the ledger, notice, and proof.
• After full payment, file the discontinuance or satisfaction promptly and provide written confirmation.

Common Mistakes to Avoid CIV-GP-31-i- Stipulation of Settlement and Affidavit Upon Default

• Vague payment terms: Omitting calendar due dates or a final payment date invites disputes.
• Unclear or missing default notice: Without a specific method, address, and cure start, judgment requests may be rejected.
• Payee/address errors: Wrong names or addresses cause avoidable defaults; double-check before filing.
• Overreaching fees/interest: Unsupported or unclear additions will trigger pushback; state basis and exact amounts or caps.
• No judicial approval: An unsigned stipulation is hard to enforce within the case; get it So Ordered.
• Confusing conditional reductions: State the reduced and fallback amounts and exactly when reversion occurs; show the calculation method.
• Vague non-monetary obligations: Use objective deadlines and deliverables to avoid disputes.
• Poor recordkeeping: Keep a contemporaneous ledger, receipts, and copies of all notices/filings.

What to Do After Filling Out the Form CIV-GP-31-i- Stipulation of Settlement and Affidavit Upon Default

1. First, submit the signed stipulation to the court for judicial approval. Once So Ordered, obtain a conformed copy for each party, verify the judge’s signature/date, and confirm legibility.
2. Distribute conformed copies and update your internal records. Calendar all due dates and relevant deadlines. If a portal is used, confirm access, account identifiers, processing times, and what constitutes receipt (credit date vs. initiation). If a due date falls on a weekend/holiday, pay early unless the stipulation allows the next business day.
3. Make every payment exactly as instructed and keep proof (copies of checks/money orders, tracking receipts, or screenshots/confirmation numbers for electronic payments). Maintain a ledger reflecting date sent, date received/credited, amount, method, and reference numbers.
4. If circumstances change, do not rely on informal understandings. Draft a short written modification stating the specific changes (e.g., due date shift or altered installment), have all parties sign, and submit it for judicial approval before relying on the revised terms.
5. If a default occurs and the cure period expires without full cure, prepare the affidavit upon default. Attach the conformed stipulation, your ledger, the default notice, and proof of mailing. Calculate the balance accurately and show your math for any interest or fees permitted by the stipulation. File the package with a proposed judgment and any required cost forms in the correct county. If the clerk notes deficiencies, correct and resubmit promptly.
6. After full payment, file the closing document specified in the stipulation. If no judgment was entered, file a stipulation of discontinuance with prejudice. If judgment was entered or held in abeyance and is now satisfied, file a satisfaction of judgment. Provide written confirmation to the other side and keep copies of filings and acknowledgments.
7. Retain the complete file—conformed stipulation, any modifications, ledger, payment proofs, default notices, affidavits, and court receipts—for a reasonable period after case closure. Good records resolve later questions about payment history, credit reporting, or whether terms were fulfilled.