Suspended license due to insurance debt

[>Charlotte<]

Do you have the statute?

TITLE 56, Chapter 9, Article 3.
Surrender of license and registration; failure to surrender.

Any person (a) whose license and registration has been suspended as provided in this chapter, (b) whose policy of insurance or bond, when required under this chapter, has been canceled or terminated, or (c) who has neglected to furnish other proof upon request of the Department of Motor Vehicles shall immediately return his license and registration to the department. If any person fails to return to the department his license or registration as provided in this section, the department may secure possession by a commissioned highway patrolman.

Any person wilfully failing to return his license or registration as required in this section must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction if a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months.

 

[codysmom]

Moburkes - I don't have the actual statute but I copied this from the SCDVM website:

[B]"What happens if my privilege to drive and my license plate and vehicle registration are suspended? While under suspension, you may not drive any vehicle or register any vehicle that was uninsured. If you do not return your vehicle license to the SCDMV, a SC Trooper will confiscate your license plate."[/B]
It is actually a state trooper that comes out and confiscates the plate.

If you would like to find the exact statute here are a couple of links including the SCDMV:

http://www.scstatehouse.net/code/t56c003.doc
http://www.scstatehouse.net/code/
http://www.scdmvonline.com/

Sorry, Clt747 - Didn't realize you already took care of this for me. Thanks

 

[xylene]

14k and the kid is in college.

Drop the melodrama.

People get by without a car.

Hard work could get this paid in a year, easily.

Get a 5 year loan at a reasonable interest rate.
Pay the judgment right away.
Pay of the loan on time and aggressively pay down the principle balance.

This is not a catastrophe. Do really expect son to be forever making under 10k a year or something? Otherwise it is NOT difficult to see how this can be paid in short order.

 

[moburkes]

Appreciate the links. I'm still trying to understand how the DMV comes out to your house. I thought the highway patrol worked for the DOT.

 

[>Charlotte<]

Appreciate the links. I'm still trying to understand how the DMV comes out to your house. I thought the highway patrol worked for the DOT.

I went looking for the statute because what codysmom said just didn't sound right to me. I expected to find only a statute requiring the insured (or, formerly insured) to turn in the tags. Of course, that is a requirement, but if the tags aren't turned in they will go and get them. Perhaps it's because having an uninsured car registered is a crime, so at that point the cops can act. You are correct that it's not the DMV, its SCHP.

 

[moburkes]

I went looking for the statute because what codysmom said just didn't sound right to me. I expected to find only a statute requiring the insured (or, formerly insured) to turn in the tags. Of course, that is a requirement, but if the tags aren't turned in they will go and get them. Perhaps it's because having an uninsured car registered is a crime, so at that point the cops can act. You are correct that it's not the DMV, its SCHP.

Now you know I'm not gonna let someone else tell me how insurance works! The DMV statement doesn't make a bit of sense to me. Thanks!

Southernlegal - there is never a "good" time to declare BK, but it doesn't have the same stigma that it once had, and many people are able to live financially productive lives immediately after the discharge. The best time to declare it is when you're young, in my opinion. You don't need to get more credit to buy a house or a car or have tons of bills to pay, etc. You can easily (relatively) move on after you've been discharged. It seems to me to be a good answer when you have debt that you cannot pay. You file, get discharged, and learn not to make the same mistakes again (having proper insurance is an example).

 

[NEOhioChick]

Now you know I'm not gonna let someone else tell me how insurance works! The DMV statement doesn't make a bit of sense to me. Thanks!

Southernlegal - there is never a "good" time to declare BK, but it doesn't have the same stigma that it once had, and many people are able to live financially productive lives immediately after the discharge. The best time to declare it is when you're young, in my opinion. You don't need to get more credit to buy a house or a car or have tons of bills to pay, etc. You can easily (relatively) move on after you've been discharged. It seems to me to be a good answer when you have debt that you cannot pay. You file, get discharged, and learn not to make the same mistakes again (having proper insurance is an example).

I agree...File bankruptcy. I can't imagine why people are so heck bent on someone paying a debt to the point where they work all the time and give up on a college education. It can be discharged. (the debt) so get it going right away! After a few years he will be thankful because then he will have his education, be able to get credit again and not have this huge interest bearing monster hanging over his head.

 

[CourtClerk]

I agree...File bankruptcy. I can't imagine why people are so heck bent on someone paying a debt to the point where they work all the time and give up on a college education. It can be discharged. (the debt) so get it going right away! After a few years he will be thankful because then he will have his education, be able to get credit again and not have this huge interest bearing monster hanging over his head.

Spoken like a person with bad credit...

That's right. Ruin your life for 10 years and subject the rest of us who actually act RESPONSIBLY and pay our bills on time to higher interest rates so that we can pay for everyone else's mistakes. THAT's the American way.

 

[ecmst12]

Chances are, he's going to want to buy a house, or a car, or something, before 10 years from now. And chances are if he put a SMALL amount of effort into getting a part time job and making small payments until he is out of school, bigger payments in the summer, and still bigger payments after he graduates and has a real job, he would pay it off way sooner then 10 years. AND have better credit and save money on the lower interest rates he will qualify for in the short and long run.

 

[moburkes]

Chances are, he's going to want to buy a house, or a car, or something, before 10 years from now. And chances are if he put a SMALL amount of effort into getting a part time job and making small payments until he is out of school, bigger payments in the summer, and still bigger payments after he graduates and has a real job, he would pay it off way sooner then 10 years. AND have better credit and save money on the lower interest rates he will qualify for in the short and long run.

He won't be able to buy a house with an unpaid judgment on his credit report. If he can try to lower the debt - which is earning interest - do that. But if he can't pay it, and it just makes sense all around - then file. He will be able to buy a house immediately after BK if he had to. BKs don't ruin your credit the way they used to. You can get vehicles with low financing, credit cards with low financing, and buy a home.

 

[ecmst12]

It still doesn't make sense to file if he would be able to pay the debt off in less then the time the BK would be on his credit - which MOST LIKELY he could. And if the judgement on his credit report shows "pays as agreed", that won't hurt his credit much at all.

 

[moburkes]

It still doesn't make sense to file if he would be able to pay the debt off in less then the time the BK would be on his credit - which MOST LIKELY he could. And if the judgement on his credit report shows "pays as agreed", that won't hurt his credit much at all.

I agree. I don't think anyone here is telling him to file BK on a debt that he can pay.

 

[VeronicaLodge]

I agree...File bankruptcy. I can't imagine why people are so heck bent on someone paying a debt to the point where they work all the time and give up on a college education. It can be discharged. (the debt) so get it going right away! After a few years he will be thankful because then he will have his education, be able to get credit again and not have this huge interest bearing monster hanging over his head.

my god whatever happened to personal responsibility in this world?

 

[moburkes]

my god whatever happened to personal responsibility in this world?

You're right. Except the law allows people in certain circumstances a fresh start or to pay their debt on a payment plan.

I responsibly pay my bills each month. But, when my daughters medical bills are more than my income I still responsbility go to work, take care of my family, work a 2nd job, etc to just to keep from being homeless. And I have lots of personal responbility, thanks very much.

 

[Texas Pooh]

I wonder what line of work son is interested in after college? Many employers pull either a background check (judgment will show up) or credit check (for financial related jobs). Thus, this problem may haunt son in additional ways if not dealt with. Explaining to a potential employer how son didn't take responsibility for his actions certainly isn't a good career move.

Also, did we get an answer to the question about ever getting a license back?

I vote with the others - do what it takes to deal with this properly.