Need advice re: suspended license

Lisa2233 · #1 04-22-2006, 12:13 AM

In the state of California

I'll make this as short as possible....
Six years ago (i was 19) I got in a small accident. It wasent my fault but the woman won in court. The judge took one look at me, saw I was "just a kid" and it was over from there.
I never paid the amount due because I was 19 and could not affort to pay her 3,500. They suspended my license for unsatisfied judgement.

Last year I ordered a credit report. The unsatisfied judgement was on there and it said 2007 by it. I'm assumming it meant it would be "lifted" in 2007??? My question is how long can they suspend my license for an unsatisfied judgement?

IAAL-15 · #2 04-22-2006, 12:16 AM

Quote:

Originally Posted by Lisa2233

In the state of California

I'll make this as short as possible....
Six years ago (i was 19) I got in a small accident. It wasent my fault but the woman won in court. The judge took one look at me, saw I was "just a kid" and it was over from there.
I never paid the amount due because I was 19 and could not affort to pay her 3,500. They suspended my license for unsatisfied judgement.

Last year I ordered a credit report. The unsatisfied judgement was on there and it said 2007 by it. I'm assumming it meant it would be "lifted" in 2007??? My question is how long can they suspend my license for an unsatisfied judgement?

My response:

Until the judgment is paid, including all of the interest!

Are you saying, also, that you've been driving on a suspended license for all these years?

IAAL

Lisa2233 · #3 04-22-2006, 12:21 AM

Nope, I don't drive anymore. I actually miss it and now that I'm older and more financially stable I could pay it (in installments) If it's going to be lifted next year (as I am hoping) then why pay it now? Expecially since she doesnt even deserve the money. She was the one at fault!
I also read this....
[url]http://www.dmv.ca.gov/forms/dl/dl30.htm[/url]

It mentions something about 6 years.

IAAL-17 · #4 04-22-2006, 12:55 AM

Quote:

Originally Posted by Lisa2233

Nope, I don't drive anymore. I actually miss it and now that I'm older and more financially stable I could pay it (in installments) If it's going to be lifted next year (as I am hoping) then why pay it now? Expecially since she doesnt even deserve the money. She was the one at fault!
I also read this....
[url]http://www.dmv.ca.gov/forms/dl/dl30.htm[/url]

It mentions something about 6 years.

My response:

The ONLY way you'll be able to "pay it in installments" is if the judgment creditors agrees to take payments. Highly doubtful. Did you ever file the DL 30? If you never did, then the time is counted "When the form is received, DMV will suspend the judgment debtor(s) for up to six years." The only thing that's going to be "lifted" is the item from your credit report. That's all. You'll still owe the judgment, and you'll still be without a license. Lastly, you keep mentioning that she "doesn't deserve the money." It doesn't matter what you believe. The fact remains, the judge found against you. So, when you say things like that, you're arguing a lost cause. No one cares what you think about the judgment, or what you believe are the facts, and why you aren't at fault. In the final analysis, you're at fault! Get past it, okay?

Some of the Southern States are still "fighting" the Civil War, and will never admit defeat. Well, guess what?

IAAL

Lisa2233 · #5 04-22-2006, 01:07 AM

Geez, calm down... LOL You're getting a little crazy on me.

First of all, why would I file a DL30 on myself? So I can have my own license suspendeD? That is the form the lady filed for me to have MY license suspended.

Now it says "DMV will suspend the judgment debtor(s) for up to six years". Why does it say UP TO six years instead of until the judgement is payed in full? hmmmmm... Maybe I'm wrong but that is some interesting wording or maybe wishful thinking.

Lisa2233 · #6 04-22-2006, 01:20 AM

I know this is not for the state of California but I just found this as well...
[url]http://www.doj.state.mt.us/driving/driverlicensesanctions.asp[/url]

It says 6 years for unsatisfied judgement.... I hope that it's right.

john123456 · #7 04-22-2006, 01:34 AM

Quote:

Originally Posted by Lisa2233

Geez, calm down... LOL You're getting a little crazy on me.

First of all, why would I file a DL30 on myself? So I can have my own license suspendeD? That is the form the lady filed for me to have MY license suspended.

Now it says "DMV will suspend the judgment debtor(s) for up to six years". Why does it say UP TO six years instead of until the judgement is payed in full? hmmmmm... Maybe I'm wrong but that is some interesting wording or maybe wishful thinking.

Lisa:

When soliciting free advice, it’s probably best to be gracious and not roll your eyes.

Lisa2233 · #8 04-22-2006, 01:44 AM

Thanks for the tip John

Just found another one (and this is for the state of Cali)...
"If the judgment was for damage to property in excess of $750 or for any bodily injury or death, the debtor's driver's license can be suspended for a maximum of 6 years."

[url]http://www.courtinfo.ca.gov/selfhelp/smallclaims/collectproblems.htm[/url]

Just to be sure, I'm calling the CA DMV first thing Monday morning.

Thanks for the "advice" gentlemen.

CdwJava · #9 04-22-2006, 10:14 AM

Next to the suspension information on your CA DMV printout will be an "authorization" number (for a CVC section). This will tell you (or us) the reason for the suspension.

Even if the suspension can only be made for a maximum of 6 years, the DMV is not going to automatically reinstate it - you will have to jump through hoops and re-apply for a license.

- Carl

justalayman · #10 04-22-2006, 10:26 AM

An addotional question for you California types.

Is the judgement renewable?

OP; if the judgement is renewable, while you may be able to get a license (I'm not sure this is a possibility base upon the others info), the person you owe the money to can still partake of all the legal means to collect this judgement.

So to your post:

Quote:

Nope, I don't drive anymore. I actually miss it and now that I'm older and more financially stable I could pay it (in installments) If it's going to be lifted next year (as I am hoping) then why pay it now?

The debt and the license suspension are two different parts of the situation. If you owe the money, you need to pay it. If you felt you were judged unfairly, you had the opportunity to appeal the decision many years ago. With any luck, the person you owe money to can adn will attach your bank account and garnish your wages. Doesn't sound like a monkey I would want on my back, even if I could drive.

Lisa2233 · #11 04-22-2006, 10:49 AM

Quote:

Originally Posted by CdwJava

Next to the suspension information on your CA DMV printout will be an "authorization" number (for a CVC section). This will tell you (or us) the reason for the suspension.

When I call the DMV on Monday, I'll have them send me a print out and I'll look for that number. Thanks.

Even if the suspension can only be made for a maximum of 6 years, the DMV is not going to automatically reinstate it - you will have to jump through hoops and re-apply for a license.
- Carl

I read that I will probably have to pay a fine (up to $500), I will have to have sr-22 insurance for a minimum of 2 years and I will have to reapply for a license.

Quote:

Originally Posted by justalayman

An addotional question for you California types.

Is the judgement renewable?

OP; if the judgement is renewable, while you may be able to get a license (I'm not sure this is a possibility base upon the others info), the person you owe the money to can still partake of all the legal means to collect this judgement.

So to your post:

The debt and the license suspension are two different parts of the situation. If you owe the money, you need to pay it. If you felt you were judged unfairly, you had the opportunity to appeal the decision many years ago. With any luck, the person you owe money to can adn will attach your bank account and garnish your wages. Doesn't sound like a monkey I would want on my back, even if I could drive.

You're right. Garnishing wont be a problem since I'm a stay at home mom and there is nothing to garnish from.
I did read somewhere though that she can file another type of form against me and pay some court fee for administration. Hopefully she won't.
Thanks for the advice all!

CdwJava · #12 04-22-2006, 10:57 AM

Quote:

Originally Posted by Lisa2233

You're right. Garnishing wont be a problem since I'm a stay at home mom and there is nothing to garnish from.

You have money from somewhere. When you get a new license, the person who has a judgement against you may then have the opportunity to collect from you as they will be able to obtain your address again for a very small fee.

You aren't likely to just skate by and avoid the judgement. Not to mention the damage it has likely done to your credit already.

- Carl

stephenk · #13 04-22-2006, 11:44 AM

The judgment itself is good for 10 years with an option to renew for another 10 years. Plus, it has been earning interest at 7% a year.

You may be a stay at home mom, but you have assets - bank accounts, jewelry, computer, etc. that the other person can garnish. If you are on title to your residence, a lien can be placed on the property that would hold up a sale or refinance.