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Vehicle Accident Judgments by Mark Shapiro





Vehicle Accident Judgments by
Article Posted: 05/18/2013
Article Views: 140
Articles Written: 325
Word Count: 707
Article Votes: 0
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Vehicle Accident Judgments


 
Law
In some states, for example California, when one owns a judgment resulting from a vehicle accident; one can usually apply with the local Department of Motor Vehicles (DMV), to get a debtor's driver's license revoked, unless and until the debtor repays the judgment.

My articles are my opinions and are not, a legal opinion. I amthe judgment broker, and not a lawyer. When you ever want legal advice or a strategy to use, please retain a lawyer.

Your judgment debtor's driving license revocation can only be tried when judgment's cause of action was the result of a vehicle accident, when the damage are more than some amount. California laws mandate that a driving license for the registered vehicle owner, and the vehicle driver, can get revoked for up to 6 years; or until the judgment gets satisfied.

In California, you would use a DL-30 form. Other states will have other procedures and form names. As the judgment creditor, you fill in that form yourself. To get their driver's license back, your judgment debtor will have to settle or satisfy your judgment. Be certain to list the correct address for your judgment debtor, to insure the debtor will be notified. Just that DMV report of your DL-30 request, may convince the debtor to settle with you.

You can download the DL-30 form from the Department of Motor Vehicles's website. Fill out the DL-30, and take it to your court, and pay them around $37.50. Your court will sign your DL-30, and provides a certified copy of your judgment; and then stamps the DL-30 form. You then mail that to the DMV, the address is shown on the DL-30; along with another $20 check to them. If you are attempting to revoke the driver's license of the registered owner of that vehicle, and that individual is different from the vehicle driver; you'll also have to submit vehicle ownership evidence (a registration printout) to the Department of Motor Vehicles.

For those states which allow this kind of judgment enforcement attempt, each state will have their own unique laws. For California, a DL-30 form needs to be used within three years after getting the auto-related judgment, or within 3 years of that judgment's renewal. Here are five potential glitches, when asking the DMV to suspend your debtor's drivers license, for not paying their vehicle accident-related judgment:

1) Certain debtors don't care about their driver's license being suspended, and certain debtors keep on driving, ignoring the law; others let somebody else drive them around. Also, because this tactic will not directly force your debtor to pay you, it might be one of those actions that seem better theoretically, than any results it brings. One judgment recovery rule is, don't do anything to thwart your judgment debtor making income, at least until you're paid back. Only the debtor's assets may get levied to repay the judgment.

2) Some courts can be biased toward the debtor when the debtor files a motion at the court, asserting they must drive to keep their job, or to bring their mother to school, etc.

3) The majority of DMV offices have a low priority to do this. It can take six months for the Department of Motor Vehicles to revoke the driving license of the judgment debtor after your DL-30 form is sent to them.

4) One might need to ask your court how to complete the DL-30 form. Although the DL-30 form states your court should fill most of the form out, most courts make you do this yourself, except for the small part for the court's authorizing signature and date stamp.

5) If your debtor applies for bankruptcy, you cannot start anything to suspend their driver's license, without written permission from the bankruptcy court. When you've previously had your debtor's driving license suspended, prior to their bankruptcy filing; your judgment debtor, with a successful discharge; has a right to get their license re-instated. The debtor must supply a certified copy of the order of bankruptcy discharge to the Department of Motor Vehicles, to have their license revocation removed.

Mark D. Shapiro of: http://www.JudgmentBuy.com - The easiest and fastest free method of finding the best expert to buy or recover a judgment.

Related Articles - DL-30, DL-30 form, judgment debtor driver's license, judgments and driver's licenses,

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