• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Proof hearing

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

KingFlirt1

Junior Member
What is the name of your state? NJ

Im suing an ex friend for an approximately $25,000 for money and credit cards loaned to her. she did not contest the complaint and i did everything the court asked me too. until the last step, i filed final judgement by default and gave them all the proof i had including email agreements. the final judgement by default form was returned saying " on this april 11, 2008 Denied without prejudice, plaintiff shall request proof hearing per R.4:43-2 withint 30 days from todays date." why would they deny it and request proof hearing? can anyone please let me know what this means and stands for? i will be greatly appreciated.
 


dcatz

Senior Member
I’m not NJ, and you’re clearly out of Small Claims, but a review of the statute allows an educated guess.

We don’t know what “all the proof I had” amounts to but (revisions to the FRCP aside) email agreements are not going to be found sufficient, as a general proposition.

The “buts” and the “whys” are less important at the moment than the fact that the court, while not rejecting your request for default judgment, has asked for what is sometimes called a “prove-up”. Whatever the term in NJ, I believe that the court is looking for more and better evidence to support your request. It’s not fatal to the request, but you’re asking for a large sum of money on what may be flimsy evidence, as the court sees it.

Your suit was uncontested, and a judge wants to confirm the entitlement. Your oral testimony will be probably be expected, together with any additional supporting evidence that you can muster. Since it was uncontested, you didn’t get a chance to do discovery. If well-crafted, that might have helped you, but you have to make do without it, so gather every tangible bit of evidence that you have to persuade the court that you made a loan and not a gift and that there was a breach of a re-payment obligation.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top