Using states, for example California, when one owns a judgment resulting from an automobile accident; one can occasionally apply with the Department of Motor Vehicles (DMV), to get their judgment debtor’s driver’s license suspended, until they satisfy their judgment.
This information is my estimation, and not legal advice. I’m a judgment broker, and am not just a lawyer. In the event that you ever need any legal services or a strategy to utilize, please contact a lawyer.
A judgment debtor’s drivers license suspension can only be attempted if the reason for action for the judgment involved an automobile accident, when the damages are above a particular amount. In California, the laws state a driver’s license for the registered vehicle owner, and the driver, may be suspended for approximately six years; or before judgment is satisfied.
In California, you’d use the DL-30 form. Other states have different form names and procedures. As a judgment owner, you complete the proper execution yourself. To get their driver’s license back, the judgment debtor will need to settle or satisfy the judgment. IRISH FAKE ID Make sure to provide the proper address for the judgment debtor, to insure they will get notified. That DMV notification of one’s DL-30 request, could easily get your debtor to settle with you.
You may get the DL-30 from the DMV’s website. Fill out the proper execution, and bring it to your court, and pay them about $37.50. The court signs the DL-30 form, and attaches a certified copy of the judgment; and then stamps the DL-30 form. After this you mail that off to the DMV, the address is on the DL-30 form; alongside another $20 check to them. If you’re trying to suspend the driver’s license of the registered owner of the car, and see your face is distinctive from the driver; you will also need to submit evidence of vehicle ownership (registration printout) to the DMV.
In the states which allow this sort of judgment recovery attempt, each has their particular laws. In California, the DL-30 form must be used within 3 years of getting the vehicle-related judgment, or within 3 years of that judgment’s renewal. Listed here are five possible glitches, when asking the motor vehicle department to suspend your judgment debtor’s drivers license, for not satisfied an automobile accident-related judgment:
1) Some judgment debtors do not value their driver’s license getting revoked, and some carry on driving against what the law states; others let some other person drive them around. And, because this tactic doesn’t directly force the debtor to pay you, this may be some of those things that sounds better theoretically, than the results it brings. One judgment recovery rule is, do not do items to interfere together with your debtor earning money, at the least and soon you are repaid. Only the judgment debtor’s available assets may be levied to satisfy your judgment.
2) Some courts are sympathetic if the debtor files a criticism with the court, claiming they have to drive for his or her job, or to take their mother to a healthcare facility, etc.
3) Most motor vehicle departments have a low priority for doing this. It can take 6 months for the DMV to suspend the driver’s license of one’s debtor after your DL-30 form is provided for them.
4) You will need to ask the court just how to complete the form. Even although DL-30 form says the court is designed to fill a lot of the form out, most courts allow you to do that yourself, aside from the little section for the court’s authorizing signature and date stamp.
5) If your judgment debtor files for bankruptcy protection, you cannot start any new actions to suspend their driver’s license, without first getting written permission from the bankruptcy court. When you yourself have already had the debtor’s driver’s license suspended, before their bankruptcy filing; the debtor, upon a successful bankruptcy; has a right to get their license re-instated. The debtor must provide a certified copy of the bankruptcy discharge order to the DMV, to get their license suspension lifted.