Using states, for instance California, when one owns a judgment caused by an automobile accident; one can sometimes apply with the Department of Motor Vehicles (DMV), to get their judgment debtor’s driver’s license suspended, until they satisfy their judgment.
This information is my opinion, and not legal advice. I am a judgment broker, and am not really a lawyer. If you ever need any legal advice or a technique 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 an automobile accident, once the damages are above a particular amount. In California, the laws state a driver’s license for the registered vehicle owner, and the driver, could be suspended for approximately six years; or until the judgment is satisfied.
In California, you’d utilize the DL-30 form. Other states have different form names and procedures. As a judgment owner, you complete the shape yourself. To get their driver’s license back, the judgment debtor will need to settle or satisfy the judgment. Make sure you provide the proper address for the judgment debtor, to insure they’ll get notified. That DMV notification of one’s DL-30 request, could easily get your debtor to settle with you.
You will get the DL-30 from the DMV’s website. Fill in the shape, and take 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. You then mail that off to the DMV, the address is on the DL-30 form; alongside another $20 check to them. If you should be wanting to suspend the driver’s license of the registered owner of the automobile, and that person is distinctive from the driver; you will even have to submit proof of vehicle ownership (registration printout) to the DMV.
In the usa which allow this kind of judgment recovery attempt, each has their own laws. In California, the DL-30 form can be used within 3 years of having the vehicle-related judgment, or within 3 years of this judgment’s renewal. Here are five possible glitches, UK FAKE ID when asking the motor vehicle department to suspend your judgment debtor’s drivers license, for unhappy an automobile accident-related judgment:
1) Some judgment debtors don’t care about their driver’s license getting revoked, and some continue driving against regulations; others let someone else drive them around. And, since this tactic does not directly force the debtor to pay for you, this might be one of those issues that sounds better the theory is that, than the results it brings. One judgment recovery rule is, don’t do items to interfere 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 complaint with the court, claiming they have to drive because of their job, or even to take their mother to the hospital, 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 one’s debtor after your DL-30 form is provided for them.
4) You might need to ask the court how exactly to complete the form. Even though the DL-30 form says the court is supposed to fill all of the form out, most courts cause you to do that yourself, aside from the small 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 successful bankruptcy; has a right to get their license re-instated. The debtor must provide a professional copy of the bankruptcy discharge order to the DMV, to get their license suspension lifted.