What to expect?

[sellingangle]

What is the name of your state (only U.S. law)? Texas

Back in 1990 I was 16 years old and caused an automobile accident in Miami, Florida. No serious injuries resulted but both my car and the other party's car were totaled. I went to court to fight it and lost. I had a valid license and insurance. I was going to be sentenced to Traffic School but my family and I were permanently leaving the state as we were going to California. I informed the judge of this at the time. He asked me if I had plans to come back and I said no. He stated to me that he had no jurisdiction in California and so he could not sentence me to anything. In 1992 I got a California's Driver's Licence and have renewed it several times since then. It is due to expire on the 17th of this month.

I moved to Texas last month and went to get a Texas drivers license today. At the Texas DMV I was informed that I had a record on the National Driver Registry regarding the incident in Florida and I could not renew my license. I called a number in Tallahassee, Florida to get more information. I discovered now that in 1993 there was a judgement against me. This is the first I know of this. The person I spoke to also said that I needed to get a consent letter from the attorney assigned to the case or satisfaction of judgement letter. The person also gave me the attorney's information.

I haven't called the attorney. What should expect. I'm thinking statute of limitations and the fact I was a minor and all that should dismiss this whole thing but I'd like to get an opinion from someone with experience with this.

 

[I_Got_Banned]

I had a valid license and insurance.

So why wasn't your insurance notified (by you) of the accident and why is it that the other party filed suit against you personally rather than attempting to file a claim with and later settle with your insurance?

I was going to be sentenced to Traffic School but my family and I were permanently leaving the state as we were going to California. I informed the judge of this at the time. He asked me if I had plans to come back and I said no. He stated to me that he had no jurisdiction in California and so he could not sentence me to anything.

If you were found guilty IN FLORIDA of whatever violation you fought and lost, what does that have to does with the judge not having jurisdiction in California and what does that have to do with whatever sentence for the offense with which you were found guilty of? At any rate, the citation that you received, tried to fight and lost has nothing to do with the subsequent and yet totally separate civil case that was filed against you later on. Since you did not appear in court for that, obviously, a default judgment was entered against you and that is where the problem is right now...

What should expect.

I highly doubt that anyone here can give you any definitive information as to what you can expect... Only the attorney can answer that for you! generally, you would have to satisfy the terms of the judgment that was entered against you or somehow settle the matter with the party that won that action against you.

I'm thinking statute of limitations and the fact I was a minor and all that should dismiss this whole thing but I'd like to get an opinion from someone with experience with this.

Well, the statute of limitation refers to the statutory period between the accident, and the time that action was brought against you (the civil suit) was subsequently filed in court. If a judgment was entered against you in 1993, then it doesn't matter how much time passes before they can collect... it continues to be an unsatisfied judgment until it is paid in full or settled for a lesser amount. As for your being a minor, that depends on Florida's state law, however, I would venture a guess that since you were 19 (an adult) in 1993, when the default judgment was entered against you, you arguing that you were 16 (a minor) in 1990 isn't going to work out in your favor.

Point is, I would call the attorney who's information you were given, just to get basic information about the judgment... better yet, consult with an attorney before you do anything.

Good luck!

 

[sellingangle]

Follow up

Thank you all for your input and questions. These are all very good questions and I wish I had the answer to these. Like I said this is all new news to me and I won't have any new details till I call the attorney on file.

One follow up question though is how would a civil case affect the status of my driver's license and cause it to be suspended?

Also, since I surrendered my Florida's Driver's license in California in '92 in order to get my California's license doesn't this then mean that there is no Florida license to suspend in '93?

Again thanks for your input, I truly appreciate it.

Thank You,
Juan Leal

 

[cyjeff]

Thank you all for your input and questions. These are all very good questions and I wish I had the answer to these. Like I said this is all new news to me and I won't have any new details till I call the attorney on file.

One follow up question though is how would a civil case affect the status of my driver's license and cause it to be suspended?

Also, since I surrendered my Florida's Driver's license in California in '92 in order to get my California's license doesn't this then mean that there is no Florida license to suspend in '93?

Again thanks for your input, I truly appreciate it.

Thank You,
Juan Leal

A civil case didn't.

You said you were sentenced to traffic school. Traffic school has nothing to do with a civil judgement.

 

[I_Got_Banned]

Also, since I surrendered my Florida's Driver's license in California in '92 in order to get my California's license doesn't this then mean that there is no Florida license to suspend in '93?

Even though you surrendered your license, your FL driving privilege was suspended. meaning if you were to go back to FL to renew/reactivate you license, your request would have been rejected until the judgment is satisfied. Here are 2 FL statutes that relates to that:

324.111 Failure to satisfy judgment; copy to department.--Whenever any person fails within 30 days to satisfy any judgment, upon the written request of the judgment creditor or his or her attorney it shall be the duty of the clerk of the court, or of the judge of a court which has no clerk, in which any such judgment is rendered within this state, to forward to the department immediately after the expiration of said 30 days, a certified copy of such judgment.​

And..

324.121 Suspension of license and registration.--
(1) The department, upon the receipt of a certified copy of a judgment, as provided in s. 324.111, shall forthwith suspend the license and registration and any nonresident's operating privilege of any person against whom such judgment was rendered, except as hereinafter otherwise provided in this section, and in s. 324.141.
(2)(a) If the judgment creditor consents in writing, in such form as the department may prescribe, that the judgment debtor be allowed license and registration or nonresident's operating privilege, the same may be allowed by the department, in its discretion, for 6 months from the date of such consent and thereafter until such consent is revoked in writing notwithstanding default in the payment of such judgment, or any installments thereof prescribed in s. 324.141, provided the judgment debtor furnished proof of financial responsibility as provided in s. 324.031, such proof to be maintained for 3 years.
(b) If the department determines that an insurer was obligated to pay the judgment but failed to do so through no fault of the judgment debtor, the judgment debtor's license and registration and any nonresident's operating privilege shall not be suspended.​

So... That suspension was reported by FL to other states who are members in the NRVC (Non-Resident Violator Compact). California is not a member in the NRVC (CA is only part of the DLC (Driver's License Compact)) therefore it did not affect your ability to drive in CA but it caught up with you when you moved to TX because TX is a member of both, the NRVC & the DLC.

here's a link with more info about interstate Compact: AAMVA : Driver License Compacts: Jurisdictional Agreements

And a link listing member states by Compact: http://www.aamva.org/aamva/DocumentDisplay.aspx?id={A0B6D32F-1B87-4430-9639-DAFC6A67AA54}

Also, as you can see in 324.121(2)(b), if your insurance had been notified of the accident and regardless of whether they would have settled the claim or not, your license would not had been suspended. But my guess is that your insurance had lapsed, was not in effect or did not exist at the time.

Also note the 3 year "proof of financial responsibility" (more commonly referred to as an "SR-22" requirement in 324.121(2)(a). That means that even once you satisfy the judgment, FL may still require you to file an SR-22 with the Dept for the next 3 yrs otherwise you driving privilege will get suspended again.

 

[sellingangle]

I'm fairly certain I had insurance at the time. When the accident occurred I was not carrying my license and proof of insurance so I received two tickets for this. When I went to court I provided proof insurance and my license and paid the fees. This is what I recall.

Like I said I was 16 at the time and I was on my father's insurance. The only problem I can see if my dad didn't pay the bill and the insurance was cancel which I doubt and hope is not the case.

I spoke to my uncle who practices family law in California. Although this is bit out of his element he gave me some good advice as well. I really have to get more information from the attorney on file and the court to get to the bottom of all this.

Thank you all for your time and advice. I've learned quite a bit from your responses and I hope to get this resolved soon.

-Juan