Pacer filing 21 Mar 14 VCSY and Samsung have a deal-
'stipulated dismissal'
MISSALS:
What is a stipulated dismissal?
A stipulated (agreed) dismissal (see s. 799.24(3) of the Wisconsin Statutes) happens when the plaintiff and the
defendant agree to have the judge dismiss the action and not enter a judgment against the defendant only if the
defendant pays the plaintiff an agreed upon amount by a certain date. Once that amount is paid (this can be
accomplished through a payment plan) the case is dismissed.
Why would I want a stipulated dismissal?
A stipulated dismissal means that the defendant doesn’t have a judgment against them, a real problem when
trying to obtain credit in the future. For the plaintiff, a stipulated dismissal might mean a better chance at
actually getting the money owed to them, especially if the defendant will need to get a loan to make the
payment.
How do you get a stipulated dismissal?
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.
What happens if the defendant doesn’t pay by the date in the agreement?
The plaintiff can file a sworn statement with the court and a judgment for the original amount will be entered
against the defendant without returning to court.
NOTE: CASES ENDING IN A STIPULATED DISMISSAL ARE STILL LISTED ON
CCAP!!!
POST-JUDGMENT:
What happens if there is a judgment entered?
Once a judgment is entered the plaintiff must take some steps to execute the judgment to get the court’s help in
actually receiving the payment from the defendant.
The first step is getting a financial disclosure from the defendant (now called the judgment debtor). Note: In
Dane County the financial disclosure is automatically sent to the debtor by the court at the time of judgment.
The court will order the defendant to complete the form within 15 days of the judgment and send it directly to
the plaintiff. The form does not need to be sent if the defendant satisfies the judgment (pays the amount owed to
the plaintiff) by the end of the 15 days.
LG (NDA), Interwoven, and now Samsung...
It's all good!
