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Removing judgement in Texas

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chipper12

Junior Member
I moved to Texas from California in 1996. I received a $7000 judgement in Texas in 1997 for damages in an accident that I was charged with intoxicated assault with a vehicle. I spent 18 months in jail and 18 months parol. I paid about $1200 in the next two years in monthly payments. I then went back to jail in Texas until Feb 2011. I went back to California to start my life there again and get a job but when I went to renew my drivers license the judgement came up and they wouldn't renew it. I read that judgements are only good for 10 years unless they are renewed. Can you tell me what my options are?
 


ecmst12

Senior Member
Pay the rest of your debt and you will be able to reinstate your license. Even if the judgement was not renewed, they don't have to renew your license until it is satisfied.
 

chipper12

Junior Member
Judgement in Texas

Can I try to negociate the amount down? If it hasn't been renewed could an attorney file a motion to vacate the judgement?

I really need my license to get a job to pay it back!

Thanks for your help!
 

Antigone*

Senior Member
Can I try to negociate the amount down? If it hasn't been renewed could an attorney file a motion to vacate the judgement?

I really need my license to get a job to pay it back!

Thanks for your help!
Nope. The time to negotiate is long over.:cool:
 

latigo

Senior Member
I moved to Texas from California in 1996. I received a $7000 judgement in Texas in 1997 for damages in an accident that I was charged with intoxicated assault with a vehicle. I spent 18 months in jail and 18 months parol. I paid about $1200 in the next two years in monthly payments. I then went back to jail in Texas until Feb 2011. I went back to California to start my life there again and get a job but when I went to renew my drivers license the judgement came up and they wouldn't renew it. I read that judgements are only good for 10 years unless they are renewed. Can you tell me what my options are?
The time limit for enforcing a judgment has nothing to do with your operator’s license suspension.

It will not be reinstated until (1) the judgment against you has been satisfied and (2) you provide evidence of financial responsibility. (If you wish to read those code sections, they are quoted below.)

Moreover, as long as it is under suspension in Texas, neither California nor any other state will grant you driving privileges.
____________

But I disagree with those that have told you that it is too late to attempt to negotiate a compromise settlement with the judgment creditor. It is never too late to explore those possibilities. And other than shoe leather that seems to be your only option.

TEXAS TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE D. MOTOR VEHICLE SAFETY RESPONSIBILITY
CHAPTER 601. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
* * * *
SUBCHAPTER K. EVIDENCE OF FINANCIAL RESPONSIBILITY FOLLOWING JUDGMENT, CONVICTION, PLEA, OR FORFEITURE OR FOLLOWING SUSPENSION OR REVOCATION

Sec. 601.331. REPORT OF UNSATISFIED JUDGMENT OR CONVICTION, PLEA, OR FORFEITURE OF BAIL; NONRESIDENT. (a) If a person does not satisfy a judgment before the 61st day after the date of the judgment, the clerk of the court, on the written request of a judgment creditor or a judgment creditor's attorney, immediately shall send a certified copy of the judgment to the department.
(b) The clerk of the court immediately shall send to the department a certified copy of the action of the court in relation to:
(1) a conviction for a violation of a motor vehicle law; or
(2) a guilty plea or forfeiture of bail by a person charged with violation of a motor vehicle law.
(c) A certified copy sent to the department under Subsection (b) is prima facie evidence of the conviction, plea, forfeiture, or other action.
(d) If the court does not have a clerk, the judge of the court shall send the certified copy required by this section.
(e) If the defendant named in a judgment reported to the department is a nonresident, the department shall send a certified copy of the judgment to the official in charge of issuing driver's licenses and vehicle registrations of the state, province of Canada, or state of Mexico in which the defendant resides.

Sec. 601.332. SUSPENSION OF DRIVER'S LICENSE AND VEHICLE REGISTRATION OR NONRESIDENT'S OPERATING PRIVILEGE FOR UNSATISFIED JUDGMENT. (a) Except as provided by Sections 601.333, 601.334, and 601.336, on receipt of a certified copy of a judgment under Section 601.331, the department shall suspend the judgment debtor's:
(1) driver's license and vehicle registrations; or
(2) nonresident's operating privilege.
(b) Subject to Sections 601.333, 601.334, and 601.336, the suspension continues, and the person's driver's license, vehicle registrations, or nonresident's operating privilege may not be renewed or the person issued a driver's license or registration in the person's name, until:
(1) the judgment is stayed or satisfied; and
(2) the person provides evidence of financial responsibility.
 
Can I try to negociate the amount down? If it hasn't been renewed could an attorney file a motion to vacate the judgement?

I really need my license to get a job to pay it back!

Thanks for your help!
Is the judgment for property damage. If so, contact insurance subro department handling the claim and make them an offer. Everything is negotiable.
 

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