Legal Question in Traffic Law in Illinois
Prove Up
My son-in-law was involved in traffic accident, when his insurance had lapsed. He hit the back of a vehicle. He has a copy of a ''Trial Call Order'' which states that he has defaulted and it is now scheduled for a Prove-Up. What is a Prove-Up?
2 Answers from Attorneys
Re: Prove Up
It appears to me that your son was served with a summons and complaint, and failed to Appear, Answer, or otherwise plead. Thus, a default was taken against him. At a prove up, the plaintiff submits evidence of the extent of his damages. I WOULD ADVISE YOUR SON TO RUN, NOT WALK, TO AN ATTORNEY SO THAT HE HAS ADEQUATE REPRESENTATION. IF YOU DO NOT KNOW AN ATTORNEY, THEN CONTACT THE LOCAL COUNTY BAR ASSOCIATION FOR A REFERRAL PRONTO!
Re: Prove Up
It would appear that your son-in-law made a serious mistake by not showing up on his initial court date, or hiring an attorney to represent him, because the plaintiff's attorney has apparently taken a default judgment. Now, at the "Prove Up" court date, the plaintiff will present evidence of plaintiff's alleged damages, and the Judge will enter a Judgment against your son-in-law in the amount proven up by the plaintiff. Then, the plaintiff's attorney will be free to pursue collection of that judgment amount.
Related Questions & Answers
-
Train accident At 3:00am on a dark country road there was a train stopped in the... Asked 9/13/05, 12:21 am in United States Illinois Traffic Law
-
What makes is a legal handicap zone What makes a handicap zone a legal handicap zone Asked 8/31/05, 7:00 pm in United States Illinois Traffic Law
-
Dismissal After appearing in traffic court, the judge dismissed the citation. I... Asked 8/29/05, 10:29 am in United States Illinois Traffic Law