In certain states, for instance California, when one owns a judgment caused by a vehicle accident; one can occasionally apply with the Department of Motor Vehicles (DMV), to obtain their judgment debtor’s driver’s license suspended, until they satisfy their judgment.
This article is my estimation, and not legal advice. I am a judgment broker, and am not just a lawyer. If you ever need any legal advice or a technique to use, please contact a lawyer.
A judgment debtor’s drivers license suspension can just only be attempted if the reason for action for the judgment involved a vehicle accident, when the damages are above a certain amount. In California, the laws state that a driver’s license for the registered vehicle owner, and the driver, can be suspended for six years; or before judgment is satisfied.
In California, you’d use the DL-30 form. Other states have different form names and procedures. As a judgment owner, you fill out the shape yourself. UK FAKE ID To get their driver’s license back, the judgment debtor should settle or satisfy the judgment. Be sure to provide the correct address for your judgment debtor, to insure they will get notified. That DMV notification of one’s DL-30 request, could easily get your debtor to settle with you.
You may get the DL-30 from the DMV’s website. Fill in the shape, and bring it to your court, and pay them about $37.50. The court signs the DL-30 form, and attaches a professional copy of the judgment; and then stamps the DL-30 form. Afterward you mail that off to the DMV, the address is on the DL-30 form; alongside another $20 check to them. If you’re wanting to suspend the driver’s license of the registered owner of the car, and that individual is distinctive from the driver; you will even have to submit evidence of vehicle ownership (registration printout) to the DMV.
In the usa which allow this type of judgment recovery attempt, each has their particular laws. In California, the DL-30 form can be used within 3 years of getting the vehicle-related judgment, or within 3 years of the judgment’s renewal. Here are five possible glitches, when asking the motor vehicle department to suspend your judgment debtor’s drivers license, for unhappy a vehicle accident-related judgment:
1) Some judgment debtors don’t value their driver’s license getting revoked, and some continue driving against regulations; others let somebody else drive them around. And, because this tactic doesn’t directly force the debtor to pay you, this might be one of those issues that sounds better theoretically, than the results it brings. One judgment recovery rule is, don’t do items to interfere together with your debtor earning money, at the least and soon you are repaid. Only the judgment debtor’s available assets may be levied to satisfy your judgment.
2) Some courts are sympathetic if the debtor files a complaint with the court, claiming they have to drive for their job, or to take their mother to the hospital, etc.
3) Most motor vehicle departments have a low priority for doing this. It can take 6 months for the DMV to suspend the driver’s license of one’s debtor after your DL-30 form is delivered to them.
4) You may want to ask the court how to fill out the form. Even though the DL-30 form says the court is likely to fill all the form out, most courts allow you to do that yourself, with the exception of the tiny section for the court’s authorizing signature and date stamp.
5) If your judgment debtor files for bankruptcy protection, you cannot start any new actions to suspend their driver’s license, without first getting written permission from the bankruptcy court. When you yourself have already had the debtor’s driver’s license suspended, before their bankruptcy filing; the debtor, upon a successful bankruptcy; features a right to obtain their license re-instated. The debtor must provide a professional copy of the bankruptcy discharge order to the DMV, to obtain their license suspension lifted.