Legal Question in Civil Litigation in Illinois

Re: what is prove-up?

A prove up means the winning party will prove their damages to the judge.

Re: what is prove-up?

Once you have a default you then have to prove your damages and the extent of them. Default means that the defendant in essence has been found to have done everything that you have alleged. But that in and of itself does not translate into damages. You must prove your damages via testimony and evidence presented to the judge.

I hope this helps,

Taradji Law Offices

Re: what is prove-up?

If a plaintiff has obtained a default against a defendant, the judge will set a date for the plaintiff to submit proof of his damages. This is mostly done by affidavit and other documentary evidence that shows the amount of damages. The judge will then enter a final default judgement in the amount of damages that the plaintiff can prove up.

Re: what is prove-up?

A prove up establishes your damages and judgment amount. It can be done by affidavit or witnesses, depending on the custom in the court that hears the case.