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  1. #1
    Join Date
    Feb 2011
    Posts
    16

    Default What is Prove-Up Hearing for Default Judgment

    My question involves collection proceedings in the State of: NV (Las Vegas)

    I owe a credit card company $100,000.
    They sued and I lost because I did not show up to the hearing. There was no reason to show because the lawsuit is legal and I had no defense: I borrowed the money and could not pay it back. So they have a default judgment against me as of May 9, 2011.

    The following are series of events that has happened so far:

    03/03/2011 Case Opened
    03/03/2011 Complaint
    03/11/2011 Summons (Summons - Civil)
    04/08/2011 Proof of Service
    04/11/2011 Notice of Intent to take Default
    04/19/2011 Application for Entry of Default
    04/19/2011 Affidavit in Support of Default Judgment
    05/09/2011 Default
    05/10/2011 Affidavit in Support of Default Judgment
    Affidavit in Support of Default Judgment
    05/10/2011 Memorandum of Costs and Disbursements
    05/10/2011 Application for Default Judgment
    05/31/2011 Motion for Prove Up (Notice of Prove-Up Hearing for Default Judgment)
    06/29/2011 Notice (Notice to Vacate Prove-Up Hearing for Default Judgment)
    07/05/2011 CANCELED Prove Up/Default (8:30 AM) (Judicial Officer xxxxxx)
    Vacated
    08/10/2011 Motion for Prove Up (Notice of Prove Up Hearing for Default Judgment)
    09/08/2011 Motion to Vacate (Notice to Vacate Prove-Up Hearing for Default Judgment)
    09/08/2011 Notice of Hearing (Notice of Reset of Prove-Up Hearing for Default Judgment)
    09/13/2011 CANCELED Prove Up/Default (8:30 AM) (Judicial Officer xxxxxx)
    Vacated
    11/15/2011 Prove Up/Default (8:30 AM) (Judicial Officer xxxxxx)
    Notice of Reset of Prove-Up Hearing for Default Judgment

    ************************************************** ********************

    As can be seen above, there were several notices of PROVE-UP HEARING and then they were VACATED and currently, it looks like it is scheduled for 11/15/2011.
    My question is: exactly what is this PROVE-UP hearing? And what is the reason for vacating them (vacate means it has been cancceled?). And am I supposed to show up at the court for these Prove-Up Hearings?

    Yesterday, I got in the mail the following copy of notices that were filed by the credit card lawyers:

    Notice of Reset of Prove-Up Hearing For Default Judgment
    Date: 11/15/2011

    To: Mr XXXXX
    Please take notice that the Prove-Up Hearing for Default Judgment is reset to 11/15 at 8:30am in the Dept VI of the above-captioned Court.

    Does this mean I am supposed to show up at the above prove-up hearing? What is a prove-up hearing?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What is Prove-Up Hearing for Default Judgment

    Prove-up just finalizes the default judgement. They were giving you some time to contest the judgement.
    Most likely it was cancelled earlier because they omitted some obligatory notice or publication.

  3. #3
    Join Date
    Feb 2011
    Posts
    16

    Default Re: What is Prove-Up Hearing for Default Judgment

    So what happens after the prove-up hearing? Once the hearing is done, will I have to go to court for something (like a hearing to prove my financial situation to the court, etc) or will the attorneys just go after my assets without any more hearings which I have to attend?

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: What is Prove-Up Hearing for Default Judgment

    going through bankruptcy may eliminate the debt .. if you have to file before the judgment is final is unknown

  5. #5
    Join Date
    Feb 2011
    Posts
    16

    Default Re: What is Prove-Up Hearing for Default Judgment

    My question involves judgment recovery in the State of: Nevada

    Amex has a $100,000 default judgment against my personal credit card account.
    I never went to the court because the debt is valid and there is really nothing I could have said to change that.
    The attorney representing Amex has had the default judgment since March 2011.
    Right now, they are in the middle of doing a "Prove Up" hearing (in November 2011). Once the Prove-Up hearing is done, I assume the case is over and the default judgment is valid and legal and they can proceed to collection - my bank account, car and any other non-exempt properties I may own.

    My question is:

    Can the sheriff knock on my door one day - without any advanced notice - and just take or seize any property in my house?
    Do they have to send me any notices before they can take my property?

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