CIV-GP-32-I- Stipulation of Settlement

Jurisdiction: United States — New York

What is a CIV-GP-32-I- Stipulation of Settlement?

It is a court form used to memorialize a settlement in a pending Civil Court case. You and the other party set out the deal in writing, sign it, and present it to the judge for approval. Once “so-ordered,” it is both a binding contract and a court order enforceable through the case.

The form is designed to capture exact terms—money, dates, performance obligations, and procedural outcomes. Because it is executed within an active matter, the judge can endorse it and either dismiss the case or enter/stay judgment under agreed conditions. This dual nature makes clarity, specificity, and completeness critical. The form accommodates lump-sum payments, installment schedules, non-monetary acts (returning property, producing documents, removing liens), and case-closure mechanics (dismissal, judgment, satisfaction filings).

Parties commonly use this form across Small Claims, Commercial Small Claims, and General Civil matters. Attorneys and self-represented litigants use it frequently. If multiple parties or cross-claims are involved, the stipulation should identify who is bound to which terms and what remains unresolved.

Think of the stipulation as the roadmap replacing the trial. Instead of litigating liability and damages, the parties choose certainty: who pays or performs, how much, by when, and what happens on completion or default. It can address interest, costs, and attorneys’ fees if part of the bargain, and can include communications or logistics commitments. The more precise the language, the smoother the performance and enforcement.

When Would You Use a CIV-GP-32-I- Stipulation of Settlement?

Use it when you settle your case without trial—on a court date, after a conference, post-mediation, or after counsel negotiations. It fits both full settlements and partial resolutions that leave specific claims or parties for later.

Common timing and scenarios

• Day-of-appearance settlements are documented and submitted for signature the same day.
• Terms reached in mediation or with a court attorney are promptly reduced to a stipulation.
• Between-appearance deals memorialized so the court can close the case on agreed terms.
• Partial settlements clarify what is resolved and what continues.

Typical examples include: reduced-sum resolution of a consumer debt, invoice disputes with payment plans, lump-sum settlements for auto damage, staged payments tied to service disputes, and multi-defendant cases where one party settles while others remain.

Other frequent uses

• Security deposit disputes with timelines for refund and return of keys.
• Contractor–homeowner punch-list completion in exchange for final payment.
• Vendor/merchant agreements to repair or replace goods and adjust price.
• One defendant pays a defined share for a release while claims proceed against others.

Whatever your role—plaintiff, defendant, entity, or individual—ensure the schedule is feasible. Adjust dates and logistics before signing. Once signed and so-ordered, changes generally require a written amendment and court approval.

Legal Characteristics of the CIV-GP-32-I- Stipulation of Settlement

A stipulation of settlement is a written, signed agreement in an active case that New York courts enforce. When the judge so-orders it, the stipulation also becomes a court order, enabling enforcement (e.g., entry of judgment) per its terms.

Key features and considerations

• Contract + order: Before judicial endorsement, it is a contract; after signature, it is also an enforceable court order.
• Authority to bind: Individuals sign for themselves; entities sign through authorized representatives. Identify titles and confirm authority. Unauthorized signatures risk later challenges.
• Clarity: Avoid ambiguity. State totals, dates, payment methods, default triggers, cure, and remedies with precision. Replace vague phrases like “reasonable” with defined standards.
• Default mechanics: If you intend acceleration and judgment upon default, say so plainly. Provide a formula for the remaining balance net of payments.
• Jurisdiction: You may state that the Civil Court retains jurisdiction to enforce, streamlining future applications.
• Severability/survival: Provide that invalid provisions do not void the rest, and that select obligations (confidentiality, releases) survive completion.
• No unlawful terms: Do not include penalties or waivers contrary to statute or public policy. Default remedies should be limited to agreed money judgments or specific performance.
• Counterparts/e-signatures: Authorize execution in counterparts and by scanned or electronic means if needed.
• Definitions: Define key terms (“Business Day,” “Default Notice,” “Effective Date”) when useful.
• Voluntariness and capacity: Each signer should have capacity, understand the terms, and sign without duress.
• Modifications: Later changes must be in writing and court-approved.

How to Fill Out a CIV-GP-32-I- Stipulation of Settlement

1) Identify the case.

List “Civil Court of the City of New York,” the county, part, index/docket number, and exact caption from the pleadings. If not binding all parties, state which parties are bound. Include the judge’s name/part if known.

2) List the parties.

Use full legal names (with corporate suffixes) and identify signers. For entities, include the signer’s title (e.g., President, Managing Member) and note authority (e.g., POA, resolution) if applicable. List guarantors separately with addresses and capacity.

3) Add appearances and representation.

Identify who is self-represented and who has counsel. Provide attorney/litigant names, firm (if any), addresses, emails, and phones. If an interpreter assisted, note the language and interpreter’s name.

4) State the settlement amount and scope.

Write the total in numbers and words. State whether it resolves all claims or only specified claims or parties. Clarify whether the total includes interest, costs, and fees through the date of the stipulation; if additional amounts will accrue, specify the rate and method. You can state that the settlement is a compromise without admission of liability.

5) Set payment terms.

Choose a lump sum or an installment plan. Specify each due date, amount, method, payee, and delivery instructions. Optionally state “time is of the essence.” Include a weekend/holiday rule.

• Example (lump sum): “Defendant shall pay $3,500.00 on or before March 15, 20XX, by certified check or money order to Plaintiff at [address].”
• Example (installments): “Defendant shall pay $500.00 on the 15th of each month beginning March 15, 20XX, for seven months, and $250.00 on October 15, 20XX.”
• Payment methods: If allowing ACH/wire/apps, allocate processing fees. Avoid listing full account numbers in public filings.

6) Credit for payments and accounting.

State that payments reduce the balance and how they are allocated (e.g., costs/fees first, then interest, then principal). Address returned/failed payments (replacement by certified funds, timeline to cure). Allow reasonable requests for a ledger of payments and balance.

7) Default and cure terms.

Define default (such as a payment not received within X days after the due date). Provide a written notice and a short cure period. State remedies if not cured: acceleration and judgment for the unpaid balance less payments received, plus court costs as permitted, with interest from default at the agreed rate. Clarify required proof for judgment (affidavit of noncompliance, payment ledger, proof of notice).

8) Judgment or dismissal terms.

Specify how the case will close:

• Dismissal with prejudice after full performance, with the plaintiff filing a discontinuance within a set time.
• Immediate judgment stayed so long as payments are timely, with the stay lifted upon uncured default.
• Judgment only upon default, not otherwise.

If a judgment is entered, state the exact amount and require prompt satisfaction upon full payment.

9) Releases and admissions.

Provide mutual releases upon full performance and state that there is no admission of liability. Define scope (claims in the action or related claims from the same transaction). Preserve unrelated claims if intended.

10) Compliance details.

For non-money obligations (returning property, exchanging documents, lien releases), describe items precisely, set deadlines, and specify delivery/pickup logistics, costs, and documentation (acknowledgments or photos).

11) Notices.

List addresses and emails for notices, acceptable methods (email, first-class, certified, overnight), and when notice is deemed received (e.g., two business days after first-class mail, one day after overnight deposit, or on electronic confirmation). Require updates to notice information if it changes.

12) Taxes and reporting.

State whether any tax forms will be issued and by whom. Clarify categories (e.g., interest component). If a W-9 is needed to process payment, specify who provides it and when. If debt forgiveness may be reported, address responsibilities.

13) Confidentiality, if any.

If desired, include a confidentiality clause with standard exceptions (court approval/enforcement, tax/insurance advisors, legal requirements) and reasonable remedies (injunctive relief or specific performance of the confidentiality obligation).

14) Authority and voluntariness.

Include affirmations that each signer is authorized, of legal age, competent, has read the agreement, understands the terms, and signs voluntarily on behalf of themselves or the entity.

15) Entire agreement and changes.

Integrate and merger clauses: state that the stipulation is the entire agreement and supersedes prior discussions. Provide that amendments must be in a signed writing and court-approved.

16) Signatures.

Each party or attorney signs and dates, printing names and titles. Notarization is optional (often unnecessary in court). Permit counterparts and electronic signatures if remote signing is anticipated. If an interpreter was used, include a brief acknowledgment.

17) Judge’s approval.

Present the stipulation to the judge for signature before leaving. Make any requested edits, have them initialed by all parties, and resubmit. Obtain a conformed copy.

18) Filing and copies.

File as directed by the part. Keep conformed copies for all parties. Follow any electronic submission rules in the part.

19) After signing.

Perform exactly as agreed. Calendar due dates. Send notices as required. By default, follow the stipulated process and file the required proof to enter judgment, if allowed. Upon completion, ensure the agreed dismissal or satisfaction is filed.

20) Attach schedules if needed.

Use schedules for detailed payment plans or item lists (Schedules A, B). Reference them in the body and state that they are incorporated by reference.

Legal Terms You Might Encounter

A stipulation of settlement is the written agreement resolving your case; after the judge so orders it, it becomes a court order. A judgment is a court determination that a sum is owed; some stipulations provide for immediate judgment (often stayed), others only upon default. A stayed judgment is entered, but not enforceable unless you default. Default is failing to perform as agreed (often late/missed payment or missing a deadline). A cure period is the short window to fix a default after written notice. Dismissal with prejudice permanently ends the case; without prejudice allows future litigation as permitted. A mutual release means that, after full performance, parties give up claims covered by the release without admitting liability. Costs and interest may be included or waived; if included, the stipulation should state rate and calculation. Notice addresses are the agreed locations (mail/email) for required communications.

Additional terms:

• Acceleration: the remaining balance becomes immediately due after default.
• Specific performance: a court-enforceable duty to do something other than pay money.
• Satisfaction of judgment: a filing confirming the judgment has been paid, releasing liens.
• Without admission of liability, the settlement does not acknowledge fault.
• Counterparts: the agreement may be signed in separate copies that together form one document.
• Continuing jurisdiction: the court retains power to enforce after dismissal.
• Liquidated damages: a preset amount for stated breaches; must be reasonable to be enforceable.

FAQs

Do you need to notarize this form?

Not usually when signed in court and immediately so-ordered. If signed outside court, some parties use notarization for signature certainty, though it is not required unless a judge requests it.

Do you have to appear in court to get it approved?

Typically, you present it on your court date. If settlement occurs beforehand, bring the signed stipulation then. If attendance is an issue, contact the clerk for the part’s procedure.

Do you have to include interest or fees?

Only if both sides agree on the state any agreed interest rate, and the accrual method, if the total includes all fees and interest through a date, say so.

Can you change the payment schedule later?

Yes, but only by a new written stipulation signed by all parties and approved by the court. Do not rely on verbal changes or casual emails.

What happens if you miss a payment by a few days?

The answer depends on your default and current language. If a cure period exists, pay within that window after notice. Without one, enforcement may proceed per the stipulation.

Should you list full bank account numbers?

No. Provide only what’s needed to make or receive payment (e.g., payee name, mailing address, last four digits if necessary). Keep sensitive data minimal.

Can you settle only part of the case?

Yes. Specify exactly what is resolved (claims, amounts, parties) and what remains open, to avoid later disputes.

Do you get a copy after approval?

Yes. Ask for a conformed copy showing the judge’s signature or stamp for your records.

What if the judge won’t sign the stipulation?

Judges may require clarifications or strike improper terms. Revise, initial edits, and resubmit. If a term is rejected, negotiate a compliant alternative.

Can you prepay the balance?

Usually. If you want explicit protection, include “Defendant may prepay all or any portion at any time without penalty; interest stops accruing on prepaid amounts upon receipt.”

What if a check bounces or an electronic payment fails?

Address this in your stipulation. Often, the deal allows a short cure to replace funds with certified payment and allocates bank or processing fees.

How do you handle multiple defendants or guarantors?

State whether obligations are joint and several or allocated. List each party’s duties and notice addresses. Guarantors should sign with their guarantor capacity identified.

Can the court enforce confidentiality?

Yes, if the clause is so-ordered and the remedy is reasonable (typically injunctive relief and specific performance rather than penalties).

What if someone files for bankruptcy during the plan?

Bankruptcy may halt enforcement. The stipulation cannot override bankruptcy law. Include a clause requiring prompt notice of any filing.

Do you need an interpreter?

Ask for one if needed. If an interpreter assisted, note it to document understanding before signing.

Can you include electronic signatures?

Yes, with a clause allowing counterparts and electronic/scan signatures. Confirm any part-specific requirements with the court.

What if the other side doesn’t file a dismissal or satisfaction after payment?

Send a written request with proof of completion referencing the stipulation. If still unresolved, request the court’s assistance to direct compliance.

Do you need to provide a W-9 or other tax form?

If required for payment or reporting, the payee should provide a completed W-9 within a stated time to avoid delays.

What if your address or email changes?

Send written notice using the stipulated method and monitor the old address/email during the transition.

Can you include non-disparagement language?

Yes, if narrow and reasonable, with exceptions for legal proceedings and truthful statements required by law.

What if the other side defaults?

Follow your stipulated process: send notice, wait the cure period, then seek enforcement with the required proof (affidavit, ledger, notices).

Checklist: Before, During, and After the CIV-GP-32-I- Stipulation of Settlement

Before signing

• Exact caption, index/docket number, and judge/part (if known)
• Full party names, signers’ identities, and capacities (party or attorney)
• Settlement amount and whether it includes interest, costs, and fees
• Payment schedule, methods, payee, and delivery details
• Weekends/holidays rule, and whether time is of the essence
• Default triggers, cure period, acceleration, and judgment mechanics
• Notice addresses/emails and deemed-receipt rules
• Non-monetary duties (property/document exchange, lien releases) with dates
• Case closure terms (dismissal vs. judgment; stayed or on default only)
• Authority confirmations for entity signers and any guarantors
• Allocation of payments among costs, interest, and principal
• Prepayment rights and any fee allocation for processing
• The court’s retained jurisdiction to enforce
• Confidentiality/non-disparagement (if any) and exceptions
• Tax treatment and whether a W-9 or other forms are required
• Counterparts and electronic signatures permitted
• Schedules needed (payment calendar; item list)

During signing

• Complete all blanks or mark “N/A.”
• Verify numbers and words match for all dollar amounts
• Confirm each due date, default remedy, and cure period
• Check notice information, payment instructions, and allocation rules
• Include mutual release/no admission if intended
• Confirm signer authority; sign and date with printed names/titles
• Present for the judge’s approval; initial any handwritten edits
• Obtain a conformed copy and attach referenced schedules
• Clarify who pays processing/delivery fees
• If judgment is contemplated, state the amount and satisfaction filing timeline

After signing

• Calendar every deadline; set reminders
• Pay exactly as directed and reference the case number
• Keep proof of payments and all notices (receipts, confirmations, tracking)
• Send any required notices via the stipulated methods
• After full performance, request discontinuance or satisfaction promptly
• Store conformed copies and related records securely
• If circumstances change, draft a written amendment and seek approval
• By default, follow the stipulated steps and assemble the required proof
• After satisfaction, verify it is filed and recorded as needed
• Update contact information promptly via the stipulated notice methods

Common Mistakes to Avoid CIV-GP-32-I- Stipulation of Settlement

• Vague payment terms: Omitted dates, payee details, or methods create enforcement problems.
• No default/cure: Without clear triggers and a cure window, either side can face unfair outcomes or delays.
• Math and scope errors: Installments that don’t add to the total or unclear scope of claims create disputes.
• Missing notice details: Wrong or missing addresses/emails can invalidate notices and stall enforcement.
• Skipping the judge’s signature: Without it, you may have only a private contract.
• Confusing dismissal/judgment: Be precise about when dismissal occurs and if/when judgment enters or is stayed.
• Overbroad or unlawful clauses: Avoid penalties or rights waivers that violate law or policy.
• Unclear payment allocation: State how funds apply, especially if interest accrues.
• Failing to list all obligations: Include property/document exchanges and lien releases with dates.
• Not assigning fees: Identify who pays transfer, processing, shipping, or storage fees.
• Leaving blanks or undefined terms: Complete every blank and define critical terms.
• Ignoring co-defendants/guarantors: Clarify joint/several liability and ensure correct signatures and capacities.
• Overlooking weekends/holidays: Provide a next-business-day rule to prevent inadvertent default.
• Missing satisfaction/discontinuance steps: State how and when the case will be closed on completion.
• Poor record-keeping: Lack of proof complicates enforcement or defense.
• No amendment process: Require written, court-approved changes to avoid confusion.

What to Do After Filling Out the Form CIV-GP-32-I- Stipulation of Settlement

1. Present for approval: Bring the signed stipulation to court for the judge’s signature and confirm understanding on the record if asked.
2. Get conformed copies: Obtain stamped, legible copies for all parties; verify attachments are included.
3. Implement the plan: Set up the exact payment method, reference the case number, and follow the schedule.
4. Track deadlines: Use calendars and reminders; send required notices by the agreed methods, retaining proof.
5. Close the case: After full performance, promptly file or demand the stipulated discontinuance or satisfaction of judgment.
6. Amend if needed: If circumstances change, prepare a short written amendment, have all parties sign, and seek court approval.
7. Enforce on default: Follow the default procedure, send notice, wait the cure period, and file the required proof to lift a stay or enter judgment.
8. Maintain organized records: Keep the conformed stipulation, schedules, payment proofs, notices, and correspondence in one file.
9. Communicate early: If a deadline is in jeopardy, ask for a brief written adjustment and present it for approval if it changes a material term.