Judgement-they're taking my drivers license

[sammmiee]

What is the name of your state?What is the name of your state? NY

I just received notice from the Department of Motor Vehicles that they are suspending my drivers license due to an unpaid judgement for a car accident they say I had 8/10/02, judgement entered 8/3/04.

Why didn't I handle this before?
This is news to me. I do remember receiving a notice from a credit counselling service stating that I had a judgement against me for an accident, and offering their services to help resolve it. It then stated "if the information is untrue, please disregard." So I did. I had also checked my Experion Credit rating this past November, and there were no judgements.
After receiving the notice, I went through a bag of junk mail. Several times a month I have been making short trips, sometimes of up to a week away. As I pay my bills online, the only mail I expect to receive are a check and the cable bill. My elderly father would leave these at the table, along with anything which looked important or had a name with the return address. The rest wound up in the bag. I had opened a couple, and they were solicitations for credit cards. The bag was put aside until I had time for it. Now I find there were notices, but the envelopes are virtually indistinguishable from the solicitations.

I kind of think I would know if I had a car accident. But at the time, there were some issues (death, undiagnosed mental condition, chronic pain, family stressors). There are other blank areas, and this keeps me from being 100% sure.

I read a forum posting concerning a judgement, where the attorney said once a judgement is entered, its too late to do anything about it. Is this true? I would hate to have to pay $2000.00 for something I didn't do. Especially as I am unemployed, my sole income is Workers Compensation disability ($226.66 every 2 weeks), and my credit cards are maxed. I also need my drivers license (doctor, food shopping - I can't carry anything for long).

A friend had said it would cost more than the $2000.00 to fight this, and my license would be suspended for the duration. I might lose even if it wasn't me, and then I would wind up with two bills! I might as well find some way to pay this judgement. And what if it was me? Aside from the horror of having something so important just disappear from my memory, I would have to pay anyway.

So, is my friend right? Should I just contact their lawyers and pay them somehow? Do you know if lawyers in this sort of situation would take a payment plan, or settle on a smaller amount? Or will they just tell me they want it all, right now, and kiss my transportation goodbye?

Thank you for your help.

 

[meganproser]

I did a quick search on NY law and I don't see anything to indicate you can lose your license for an unpaid judgment. Maybe it's there and I just didn't see it. I've never heard of such a thing though.

If you don't even know if you were involved in an accident, maybe you should ask the MVA how you might go about getting a copy of the police report from this accident.

The plaintiff's attorney may also be able to refresh your memory. Call him and tell him you have no money...see what he says.

 

[sammmiee]

The NYS Department of Motor Vehicles website has an online brochure:
Suppose Your License Were Taken Away
(http://www.nydmv.state.ny.us/broch/c12.htm)

Indefinite Suspensions

Your license will be suspended indefinitely if you fail to answer a traffic summons or pay a fine (other than parking tickets and fines), surcharge, or crime victim assistance fee and a suspension-termination fee. Your license will also be suspended indefinitely if you fail to file an accident report, submit a bad check for DMV fees, fail to pay support, or fail to satisfy a court judgment that results from a traffic accident. This suspension will be in effect until your correct the condition that led to the suspension.

I am trying to work up enough courage to call their attorney. What is worse - the feeling that the walls are closing in, or the confirmation that it isn't just a feeling, the walls really are closing in? I am hoping that some knowledge of what I am in for might help with that. Thank you for answering!

 

[Florid-aise]

Don't call their attorney, call your attorney.

While your cannot remember even if you were involved in some accident, I'd be willing to wager the court file has some pertinent information contained within it that may give you a clue.

Go get that file. !!!

 

[badapple40]

There are provisions that allow the setting aside of the default judgment in procedural law. Whether your case fits within such rules is not nearly as germane as getting the application for relief from judgment timely filed ASAP.

 

[sammmiee]

I went through a backed up pfc (on aol it holds email) from that time period & found an email mentioning the car accident. The car ahead of me, online at a stop sign, jammed on its brakes & stopped. I didn't expect it to stop so soon because there was a huge gap between it and the car in front. I did hit the bumper of their suv! The rest came back to me over the weekend, and I am amazed that it didn't stand out - what a circus! The couple hollered at me, there were language barriers (the wife spoke only Korean, the husband understood some English), we called for the police but they never showed, traffic was backing up into the expressway exit because they wouldn't move their car or let me move mine, the residents came out to watch, let me use a bathroom and offer sympathy, and although I gave the driver my information, he gave me, then immediately snatched back his drivers license and paperwork. Then their son arrived, glared at me & asked if I was using drugs or alcohol! How does anyone forget this?

Anyway, it wasn't much damage, barely a dent. I received a notice from their insurance company with a bill, about $700. I took all my paperwork/unfinished business and unopened mail with me to WV, left some there, and it was never found again. I thought they would send me another mail, but they didn't. Years later, I received that notice from a credit counselling company saying I had a judgement, they could help, but to ignore their letter if this wasn't true. I had seen my transunion report in 2003, and my experion in November 2004; neither had a judgement. My first real notice came in an already opened and sealed with tape motor vehicle letter!

So now I know this is real and am relieved at both this (who wants to think they are losing their mind?), and the fact that it isn't a scam. As I have been the victim of a hit and run (the credit card debt on the high interest card ), I don't want these people, strange as they were, to be stuck with a bill, too. I am going to call their lawyer and offer my worldly assets ($350. cash, 1 American Express gift check for $100. and $75.00 in Barnes and Noble gift cards - if they will take them). Hopefully they will take these and do installments for the rest.

I want to thank everyone who responded. I have been on workers comp disability for so long, and managed to live small enough to avoid negative financial consequences (you take your self esteem where you can find it ). When I received the DMV notice it felt like the walls were closing in. You did alot to help calm the panic and made me feel as if there is a possibility of coming out of this without bankruptcy. Even with my drivers license - wish me luck! You should be proud of what you do here. Once again, thank you!