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  #1  
Old 01-11-2003, 03:28 PM
Lethalme
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Angry

Judgement Question


What is the name of your state? Arizona

I have a judgement from an insurance company/Attorney, that went to default. My Drivers license has been revolked by the Judgement holder. I negotiated with the Attorney's to make payment arrangements monthly in exchange for My license reinstatement. We agreed, and upon an initial payment of $300 dollars from me they would supply me with the necessary documentation to get my license back. I sent the payment and they in return, few months later after much correspondance, sent me:

1) our deal in writing to be signed notorized and returned.
2) A letter on their stationary describing our settlement and consenting my restoration of driving privileges.
3) A Partial Judgement Satisfaction recorded with the Court.

I sent this information to the AZ DMV with the required DMV forms.
The DMV returned the documents with a cover letter stating the documentation I had was not what the DMV requires and my license would remain as such until the received $4 and a original cert. copy, recorded with the court, of a "Letter of Consent" requesting priviliges restoredby the attorney. I wrote to the attorney and included a copy of the request from DMV. As well was stern about the fact of loosing my license, Insurance being cancelled, and prohibiting me from working to pay them on time each month. Including a loss of income due to this and their initial 4 months of time just to get me the first items. I stated they were in breech of our agreement and I would make no further payments until my license was reinstated as agreed.

The Attorney responded by mail, after several phone messages left by me, stating they have complied with all my requests and that apparently my license is still cancelled due to another judgement on my DMV listed further down on the DMV reply. This I was aware of and paid the other Judgement in full several years before as well already supplied with what I need from the court. The Attorney said they would do nothing further and suggest I reinstate my payments or they will pursue the matter with Garnishments.

I wrote back immediately explaining, (with slight anger) that if they would have followed up and called the other Attorney listed
he could have told them the Judgement was satisfied as well how they might be educated on the proper procedures for the DMV. I again requested they forward the correct docs and I would be glad to continue my payments. I can even be in the position to pay in full in a few months if I could drive and make the money Im fit for.

Since this time I have received no response. I have tried everything possible to get this paid and issues settled.

Do I have grounds for an appeal of some kind based on their failure to comply with our agreement recorded by the Superior Court??

Can I counter sue them for loss of wages or negligence in this matter?????

Is their any other recourse I have? Should I contact the Insurance Co. they Represent?

Some kind of reprocussion is in order, Do I have any legal backbone for this???? Thanks very much for any help as this has slowly destroyed my career.
  #2  
Old 01-11-2003, 03:48 PM
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Join Date: Jun 2000
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Posts: 39,544
"Do I have grounds for an appeal of some kind based on their failure to comply with our agreement recorded by the Superior Court??"
** No. From your post, they did comply with your request ("I negotiated with the Attorney's to make payment arrangements monthly in exchange for My license reinstatement"). The attorney does not have the right to reinstate, that is subject to the DMV in AZ. You should have checked with them for whatever documents THEY required and made sure that your agreement included them.

"Can I counter sue them for loss of wages or negligence in this matter?????"
** Of course, you can sue them, but based on the facts in your post, you will be out a large amount of time, some money, and not win.

"Is their any other recourse I have?"
** Yes. Get the correct information you need from the AZ DMV and then try to renegotiate with the judgment creditor. However, their attorney may be very reluctant to deal with you with all that has passed between you.

"Should I contact the Insurance Co. they Represent?"
** Certainly, you can contact the creditor directly, but I assume that they will likely ask that you talk with the attorney.

"Some kind of reprocussion is in order, Do I have any legal backbone for this????"
** Don't know about your backbone, but I don't believe you have a case against them.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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