DMV Notification??!

[athlaka]

New Jersey

The NJ DMV recently sent me a letter in California saying my license has been suspended due to non-payment of fees. They are charging $67.00 in surcharges and $100.00 for a reinstatement fee. I have 7 points on my license from 2 years ago and I received the first notice(NJ) of the charges when I went to college in NJ and paid my first installment in 2007.

In may 2008 I moved to CA for graduate school and called the DMV to change my address on record to another NJ address - they have no record of the call nor was it changed. Because of this, they sent several letters to an old NJ address where I no longer lived asking for payment. I never received any of those letters. The first notice I have after the 2007 letter was last week when I received notice, in California that my account was overdue, my license suspended, and I had extra surcharges on my account.

I believe they waited until fees and penalties had built up and then made reasonable efforts to notify me. They argue that the NJ DMV is only required to send to the address on record (I have read the case briefs and this seems to be somewhat true), but this doesn't seem like due process to me. The Supreme Court handed down a decision saying that reasonable efforts had to be made for service. My phone # has stayed the same for the past 2 years, and clearly alternatives existed to contact me, one which was used to reach me, in another state, AFTER my license was suspended. I received no notice of these claims since the first letter. Now, the DMV tells me that it is impossible to call every person who owes surcharges but then the DMV is willing to somehow reach my address in California when they have already imposed maximum penalties.

I was not trying to evade payment as evidenced by my first payment. The past 2 years have just been extremely hectic because I had to prepare for entering grad school. I would like to know whether it is possible to strike out the reinstatement fee of $100.00 and if possible, the $67.00 surcharge fee should also be waived. Thanks for the help in advance.

[Zigner]

Originally Posted by athlaka

New Jersey

The NJ DMV recently sent me a letter in California saying my license has been suspended due to non-payment of fees. They are charging $67.00 in surcharges and $100.00 for a reinstatement fee. I have 7 points on my license from 2 years ago and I received the first notice(NJ) of the charges when I went to college in NJ and paid my first installment in 2007.

In may 2008 I moved to CA for graduate school and called the DMV to change my address on record to another NJ address - they have no record of the call nor was it changed. Because of this, they sent several letters to an old NJ address where I no longer lived asking for payment. I never received any of those letters. The first notice I have after the 2007 letter was last week when I received notice, in California that my account was overdue, my license suspended, and I had extra surcharges on my account.

I believe they waited until fees and penalties had built up and then made reasonable efforts to notify me. They argue that the NJ DMV is only required to send to the address on record (I have read the case briefs and this seems to be somewhat true), but this doesn't seem like due process to me. The Supreme Court handed down a decision saying that reasonable efforts had to be made for service. My phone # has stayed the same for the past 2 years, and clearly alternatives existed to contact me, one which was used to reach me, in another state, AFTER my license was suspended. I received no notice of these claims since the first letter. Now, the DMV tells me that it is impossible to call every person who owes surcharges but then the DMV is willing to somehow reach my address in California when they have already imposed maximum penalties.

I was not trying to evade payment as evidenced by my first payment. The past 2 years have just been extremely hectic because I had to prepare for entering grad school. I would like to know whether it is possible to strike out the reinstatement fee of $100.00 and if possible, the $67.00 surcharge fee should also be waived. Thanks for the help in advance.

You failed to (properly) notify the NJ DMV of your change of address. I really don't see anything to show that this is anybody's fault but your own.

[athlaka]

That's the problem. The suspension notice still came from the NJ DMV... which means that they made efforts to reach me after all fees and surcharges had incurred. I guess I am trying to relate it to a due process problem where judgment has been entered without actual service.

[Zigner]

Originally Posted by athlaka

That's the problem. The suspension notice still came from the NJ DMV... which means that they made efforts to reach me after all fees and surcharges had incurred. I guess I am trying to relate it to a due process problem where judgment has been entered without actual service.

You were properly served. It is YOUR responsibility to follow the proper steps for keeping your address updated with the NJ DMV.