Facts

State Farm Mutual Automobile Insurance Company (plaintiff) filed an action against Bartolome Thomas seeking damages of $9,457.27. Plaintiff filed a Stipulation for Settlement and Order and the court signed an order pursuant to the Stipulation dismissing the action without prejudice but retaining jurisdiction. The Stipulation provided that the matter would be settled for $7,234.62, $4,734.62 of which would be paid by Thomas' insurer and the remaining $2,500 by Thomas at a rate of $75 per month beginning June 1, 2019 until paid in full. It also provided that failure to make the agreed payments on the first of every month is deemed a default. In the event of default, plaintiff is required to provide Thomas written notice and Thomas would then have ten days within which to remedy any default. The Stipulation also provided that failure to cure a default entitles plaintiff to move the court, by ex-parte application, to enter judgment against Thomas without further notice in the principal amount of $9,457.27 plus interest on that amount at the legal rate beginning June 1, 2019, plus costs of suit and attorney's fees less payments received.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant has only made a total payment of $525.00. Plaintiff contended defendant failed to remedy the default. Plaintiff contended defendant's counsel was timely served with notice. Plaintiff contended that defendant approved the Stipulation as to form and content without any requirement that correspondence be mailed in Spanish and did not raise this concern before the Stipulation was executed. Plaintiff contended only defendant would be provided with written notices of default, not defendant and his attorney. Plaintiff contended the Stipulation did not include a provision conditioning payments on defendant's financial ability to do so and unforeseen hardships did not excuse defendant.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant contended that his attorney was not served with moving papers until April 26, 2021. Defendant contended English is not his first language and none of the past due notices were mailed to him in Spanish. Defendant contended he could not make payments because he was unable to find employment during the COVID-19 pandemic and provided notices to plaintiff of such hardships.

Result

Plaintiff's Motion to Vacate the Dismissal, to Enforce Settlement Agreement, and to Enter Judgment was granted. Judgment was entered against defendant in the amount of $5,707.49.