In certain states, for instance California, when one owns a judgment caused by a vehicle accident; one will often 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 opinion, and not legal advice. I’m a judgment broker, and am not a lawyer. If you ever need any legal services or a strategy to utilize, please contact a lawyer.
A judgment debtor’s drivers license suspension can only be attempted if the explanation for action for the judgment involved a vehicle accident, when the damages are above a specific amount. In California, the laws state that a driver’s license for the registered vehicle owner, and the driver, could be suspended for six years; or until the 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. To have their driver’s license back, the judgment debtor will have to settle or satisfy the judgment. Be sure to provide the right address for the judgment debtor, to insure they will get notified. Exactly that DMV notification of your DL-30 request, might get your debtor to stay with you.
You may get the DL-30 from the DMV’s website. Complete the shape, and bring it to your court, and pay them about $37.50. The court signs the DL-30 form, and attaches a certified copy of the judgment; and then stamps the DL-30 form. After this you mail that off to the DMV, the address is on the DL-30 form; alongside another $20 check to them. If you should be attempting to suspend the driver’s license of the registered owner of the car, and see your face is distinctive from the driver; you will also need to submit evidence of vehicle ownership (registration printout) to the DMV.
In the us which allow this sort of judgment recovery attempt, each has their very own laws. In California, the DL-30 UK FAKE ID form must be used within 3 years of having the vehicle-related judgment, or within 3 years of that judgment’s renewal. Listed 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 do not worry about their driver’s license getting revoked, and some carry on driving against regulations; others let someone else drive them around. And, since this tactic doesn’t directly force the debtor to pay for you, this could be some of those items that sounds better the theory is that, compared to results it brings. One judgment recovery rule is, do not do things to interfere together with your debtor earning money, at the least before you are repaid. Only the judgment debtor’s available assets could be levied to satisfy your judgment.
2) Some courts are sympathetic if the debtor files a problem with the court, claiming they need to drive due to their job, or even to take their mother to a medical facility, etc.
3) Most motor vehicle departments have a low priority for doing this. It will take 6 months for the DMV to suspend the driver’s license of your debtor after your DL-30 form is sent to them.
4) You will need to ask the court how to fill out the form. Even although the DL-30 form says the court is designed to fill all of the form out, most courts cause you to do this yourself, except for the little 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. If you have already had the debtor’s driver’s license suspended, before their bankruptcy filing; the debtor, upon a fruitful bankruptcy; has a right to obtain their license re-instated. The debtor must provide a certified copy of the bankruptcy discharge order to the DMV, to obtain their license suspension lifted.