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    azsoulfood's Avatar
    azsoulfood Posts: 1, Reputation: 1
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    #1

    Sep 15, 2010, 05:29 PM
    Liens on Arizona driver license
    Is there a specific law in AZ that allows liens on driver license due to accident? Can DMV withhold this information when asked? I have finally gotten child support cancelled after not having a driver license since 2003 in AZ in order to improve my earning potential & return to school. I was told by the DMV every time that I checked over the years (and several times over the last 2 months) that I only need to pay off my child support which finally happened last week. But when I went back to DMV this week, they now tell me I have a lien from an accident from 2001 that didn't post until 2004 and can't explain why no one informed me. I now have to contact that lawyer to satisfy their lien or ask their permission before I can get a driver license per DMV. I hate the idea but it looks like bankruptcy is my only option now as I am unemployed again with college degree & desperate for work to avoid more debt.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 15, 2010, 05:38 PM

    The lien is not really on the license ( not really called a lien) but they can and do ( in every state that I know of) revoke your license and not allow you to have a new one if you did not have insurance and had a wreck and did not pay for the damages.

    Also going bankrupt will not help, while legally you don't owe them the money so they can't sue you for it, the DMV still does not have to allow you a drivers license, since the license comes from DMV rules of driver responsibility and they don't have to allow you to drive by merely going bankrupt.

    If you have an attorney you may work out a payment plan though the court that will allow you to keep your license as long as payments are made.

    And no info ? You knew you had a wreck correct ? Must have known you did not have insurance or enough insurance to pay for the damages, and you knew that you owed this other driver for damages.

    Thus, you should have known that the license would be suspended or revolked for that.

    And if it was already revolked for chlid support, this other may not have shown up, till they went to re-instate it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Sep 15, 2010, 05:40 PM

    It is not a lien. A lien is an encumbrance on real property to prevent its sale until the lien is satisfied. Since a driver's license is neither property nor saleable a lien can't be placed against it. However, some DMVs will suspend a license if there is a judgment against the holder that remains unsatisfied.

    So you need to satisfy the judgment or arrive at a settlement so they will release your driver's license.
    azsoul's Avatar
    azsoul Posts: 1, Reputation: 1
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    #4

    Sep 16, 2010, 10:33 AM

    (sorry but couldn't loggin & reply from other acct for some reason).

    To Fr_Chuck & ScottGem... You gentlemen are 100% absolutely correct on all points.

    It's sad to admit I blew it off & forgot... but I certainly did have an accident in a girlfriends auto & also did not completely satisfy my obvious responsibility that resulted in "a judgement" on my DMV record (which is obvious as to why the system or process exists as it does I guess). I am contacting the lawyer directly myself to see if I can negotiate the terms to move forward although this is something I regret not doing years ago instead of now when I have a potential job in waiting.

    But what if the lawyer is unwilling to negotiate & it's a huge amount... are there any creative work arounds to getting a valid drivers license in AZ or any other "non-cooperating" state such as bonding, self-employment, etc that I can use to bypass this issue when considering desperation to getting a better job to pay off these debts? Or am I at the mercy of the DMV & this lawyer similar to previous child support measures?

    Except for this financial obligation, DMV currently states I am eligible for a driver license in AZ (or any other state I would presume unless they share these types of records?? )

    Signed recently humbled & appreciative!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Sep 16, 2010, 10:52 AM

    Unfortunately, not. If the attorney refuses to release the hold, you can try appealing to the DMV showing them copies of the written negotiations. But I don't know if there is an appeals process.

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