[kbodden]

Can judgements be placed on your drivers license?

[excon]

Hello k:

No... But, you need to tell us more.

excon

[kbodden]

Hello k:

No.............. But, you need to tell us more.

excon

I was told that I have 2 judgements on my license... one for some damage that was done to a rental car and the other for what I have left on a car loan. Does this affect me getting my license back? I was charged with a DWI almost 2 years ago. I took the class and passed. I was told all I ahd to pay off was my fines and court fees which is what I want to do but when I call DMV, they told me I had judgements on my license for the 2 cars. My mother had never heard of this. She said all I should have to do is pay off my fines and court fees. Id this correct?

[ScottGem]

Some states DO allow a hold to be put on renewing or reinstating a drivers license or car registration if there are outstanding issues relating to driving. So the two issues could affect your getting your license reinstated until they are resolved. And resolution means paying what you owe.

You were not aware that judgements were filed against you in thse matters?

[kbodden]

Some states DO allow a hold to be put on renewing or reinstating a drivers license or car registration if there are outstanding issues relating to driving. So the two issues could affect your getting your license reinstated until they are resolved. And resolution means paying what you owe.

You were not aware that judgements were filed against you in thse matters?

No. I had no idea until I went to try to get my license back. Im guessing Virginia is one of them. So the only way to resolve this is to pay what I owe them? Is theer any other way because what they say I owe is a lot and may make it impossible to get my license back.

[kbodden]

Some states DO allow a hold to be put on renewing or reinstating a drivers license or car registration if there are outstanding issues relating to driving. So the two issues could affect your getting your license reinstated until they are resolved. And resolution means paying what you owe.

You were not aware that judgements were filed against you in thse matters?

Yes but these really aren't related to my driving. They are debt that is owed. One is for the rental car I wrecked and the other is for debt owed on my old car. It has nothing to do with driving. No police reports or anything was ever filed and I was never taken to court. There must be another way to get rid of this. How long do judgements stay on your record? What about in another state. Would they apply there as well?

[ScottGem]

But they ARE related to your driving. You wrecked a rental car, weren't you driving it at the time? You defaulted on a car loan, doesn't that have to do with driving? The DMV isn't going to put a hold on your license for credit card debt, but they can do so with things that relate to DMV activities. Check the DMV laws for your state, if you want to confirm. But if the DMV told you you had to pay these judgements to get your license reinstated, it sounds like your state has such laws.

[kbodden]

But they ARE related to your driving. You wrecked a rental car, weren't you driving it at the time? You defaulted on a car loan, doesn't that have to do with driving? The DMV isn't going to put a hold on your license for credit card debt, but they can do so with things that relate to DMV activities. Check the DMV laws for your state, if you want to confirm. But if the DMV told you you had to pay these judgements to get your license reinstated, it sounds like your state has such laws.

How long do judgements stay on your record? Yes I was driving the car and yes I did default on a loan but nothig was ever filed with police. I was never notified of anything. Can judgements stay on there forever?

[excon]

Hello again, k:

Nahhh, if you're going to fix this, you're going to have to attack it head on. If you try to go around it (like get a phony address in the adjoining state), and you get caught, the problem will worsen exponentially.

I'm going to stick with my original statement. I don't believe the state can prevent you from driving because you owe money. IF you owed it to the state, as in fines that they got a judgment for, I could see it, but I don't believe the state has any business protecting Hertz or Geico.

Therefore, I would see an attorney before I did anything. I certainly could be wrong (I have been before), but I don't think an attorney will charge you for that information.

excon

[ScottGem]

How long do judgements stay on your record? Yes I was driving the car and yes I did default on a loan but nothig was ever filed with police. I was never notified of anything. Can judgements stay on there forever?

Nothing would be filed with the police as this is a civil matter not a criminal matter. However, you should have received notifications that you were being taken to court over these issues. The judgements need to be entered in a court of law. Once there they can stay on your record for 20 or more years.

I did a quick check and found a few states that permit suspension of a drivers license for back child support. But nothing specific about judgements. Ask the DMV to cite the specific law that permits them to withhold your license reinstatement.

[kbodden]

Nothing would be filed with the police as this is a civil matter not a criminal matter. However, you should have received notifications that you were being taken to court over these issues. The judgements need to be entered in a court of law. Once there they can stay on your record for 20 or more years.

I did a quick check and found a few states that permit suspension of a drivers license for back child support. but nothing specific about judgements. Ask the DMV to cite the specific law that permits them to withhold your license reinstatement.

See I knew that. But I don't see how they can protect a rental car place or a car loan. It is debt that is owed to these people not to the commonwealth of virginia and I have looked all over the place and find nothing.

[kbodden]

Nothing would be filed with the police as this is a civil matter not a criminal matter. However, you should have received notifications that you were being taken to court over these issues. The judgements need to be entered in a court of law. Once there they can stay on your record for 20 or more years.

I did a quick check and found a few states that permit suspension of a drivers license for back child support. but nothing specific about judgements. Ask the DMV to cite the specific law that permits them to withhold your license reinstatement.

I have called them but when I asked them why my license was being held for these things they didn't know or couldn't tell me. They are stupid. I will try again. Thanks

[excon]

Hello again, k:

Calling the DMV!! Yuck! Call again. Be polite, but when you get an "I don't know" ask to speak with a supervisor. Keep on asking until you get an answer. Of course, they're dumb. They're bureaucrats. They think YOU work for THEM. Keep on it.

excon

[kbodden]

Nothing would be filed with the police as this is a civil matter not a criminal matter. However, you should have received notifications that you were being taken to court over these issues. The judgements need to be entered in a court of law. Once there they can stay on your record for 20 or more years.

I did a quick check and found a few states that permit suspension of a drivers license for back child support. but nothing specific about judgements. Ask the DMV to cite the specific law that permits them to withhold your license reinstatement.

46.2-364 amended.
Suspension of operator's license and tags for failure to satisfy judgment. Expands the definition of judgment to include a civil action filed pursuant to § 15.2-1716 (reimbursement of expenses incurred in responding to DUI incident). This expansion allows the Commissioner, pursuant to § 46.2-417, to suspend the driver's license and all of the registration certificates and license plates for any person who has failed to satisfy the judgment resulting from emergency response expenses incurred on his behalf in response to his DUI. HB 1060; CH. 289

[kbodden]

Nothing would be filed with the police as this is a civil matter not a criminal matter. However, you should have received notifications that you were being taken to court over these issues. The judgements need to be entered in a court of law. Once there they can stay on your record for 20 or more years.

I did a quick check and found a few states that permit suspension of a drivers license for back child support. but nothing specific about judgements. Ask the DMV to cite the specific law that permits them to withhold your license reinstatement.

Sorry about that. Here is the chapter of the law that pertains to the judgement on me. Please note that I was not charged with a DUI while drving the car.

46.2-364 amended.
Suspension of operator's license and tags for failure to satisfy judgment. Expands the definition of judgment to include a civil action filed pursuant to § 15.2-1716 (reimbursement of expenses incurred in responding to DUI incident). This expansion allows the Commissioner, pursuant to § 46.2-417, to suspend the driver's license and all of the registration certificates and license plates for any person who has failed to satisfy the judgment resulting from emergency response expenses incurred on his behalf in response to his DUI. HB 1060; CH. 289

[excon]

46.2-364 amended.
§ 15.2-1716 (reimbursement of expenses incurred in responding to DUI incident)........ expenses incurred on his behalf in response to his DUI. HB 1060; CH. 289

Hello again, k:

You didn't say anything about a DUI.

(edited) So, you were charged with DUI when you WEREN'T driving a car?? Please explain. If you weren't charged or convicted of DUI, then they might as well have supplied you with the leash law. Neither one applies.

excon

[kbodden]

Nothing would be filed with the police as this is a civil matter not a criminal matter. However, you should have received notifications that you were being taken to court over these issues. The judgements need to be entered in a court of law. Once there they can stay on your record for 20 or more years.

I did a quick check and found a few states that permit suspension of a drivers license for back child support. but nothing specific about judgements. Ask the DMV to cite the specific law that permits them to withhold your license reinstatement.

That law that I sent you is in conjunction with this one.


Suspension for failure to satisfy motor vehicle accident judgment; exceptions; insurance in liquidated company; insurer obligated to pay judgment.

A. Upon the application of any judgment creditor, the Commissioner shall suspend the driver's license and all of the registration certificates and license plates of any person who has failed for 30 days to satisfy any judgment (I) in an amount and on a cause of action as hereinafter stated in this subsection or (ii) in an amount and on a cause of action pursuant to §§ 15.2-1716 or 15.2-1716.1, immediately upon receiving an authenticated judgment order or abstract thereof in an action for damages in a motor vehicle accident or pursuant to §§ 15.2-1716 or 15.2-1716.1, if the order or abstract is received by the Commissioner within 10 years of the date of judgment or if the judgment has been revived. However, if judgment is marked satisfied on the court records on or before the Commissioner's issuance of suspension, the order of suspension shall be invalid.

B. The Commissioner shall not, however, suspend the license of an owner or driver if the insurance carried by him was in a company which was authorized to transact business in this Commonwealth and which subsequent to an accident involving the owner or driver and prior to settlement of the claim therefor went into liquidation, so that the owner or driver is thereby unable to satisfy the judgment arising out of the accident.

C. The Commissioner shall not suspend the driver's license or driving privilege or any registration certificate, license plates, or decals under clause (I) of subsection A of this section or § 46.2-418, if the Commissioner finds that an insurer authorized to do business in the Commonwealth was obligated to pay the judgment upon which suspension is based, or that a policy of the insurer covers the person subject to the suspension, if the insurer's obligation or the limits of the policy are in an amount sufficient to meet the minimum amounts required by § 46.2-472, even though the insurer has not paid the judgment for any reason. A finding by the Commissioner that an insurer is obligated to pay a judgment, or that a policy of an insurer covers the person, shall not be binding upon the insurer and shall have no legal effect whatever except for the purpose of administering this article. Whenever in any judicial proceeding it is determined by any final judgment, decree, or order that an insurer is not obligated to pay the judgment, the Commissioner, notwithstanding any contrary finding made by him, forthwith shall suspend the driver's license or driving privilege, or any registration card, license plates or decals of any person against whom the judgment was rendered, as provided in subsection A of this section.

[kbodden]

Hello again, k:

You didn't say anything about a DUI.

(edited) So, you were charged with DUI when you WEREN'T driving a car??? Please explain. If you weren't charged or convicted of DUI, then they might as well have supplied you with the leash law. Neither one applies.

excon

I was not driving the rental car. It was the car that I woned at the time and not the one for the judgement. I will attached the law that is in conjunction with that law. I was never ever charged with a DWI while driving the rental car.


Suspension for failure to satisfy motor vehicle accident judgment; exceptions; insurance in liquidated company; insurer obligated to pay judgment.

A. Upon the application of any judgment creditor, the Commissioner shall suspend the driver's license and all of the registration certificates and license plates of any person who has failed for 30 days to satisfy any judgment (I) in an amount and on a cause of action as hereinafter stated in this subsection or (ii) in an amount and on a cause of action pursuant to §§ 15.2-1716 or 15.2-1716.1, immediately upon receiving an authenticated judgment order or abstract thereof in an action for damages in a motor vehicle accident or pursuant to §§ 15.2-1716 or 15.2-1716.1, if the order or abstract is received by the Commissioner within 10 years of the date of judgment or if the judgment has been revived. However, if judgment is marked satisfied on the court records on or before the Commissioner's issuance of suspension, the order of suspension shall be invalid.

B. The Commissioner shall not, however, suspend the license of an owner or driver if the insurance carried by him was in a company which was authorized to transact business in this Commonwealth and which subsequent to an accident involving the owner or driver and prior to settlement of the claim therefor went into liquidation, so that the owner or driver is thereby unable to satisfy the judgment arising out of the accident.

C. The Commissioner shall not suspend the driver's license or driving privilege or any registration certificate, license plates, or decals under clause (I) of subsection A of this section or § 46.2-418, if the Commissioner finds that an insurer authorized to do business in the Commonwealth was obligated to pay the judgment upon which suspension is based, or that a policy of the insurer covers the person subject to the suspension, if the insurer's obligation or the limits of the policy are in an amount sufficient to meet the minimum amounts required by § 46.2-472, even though the insurer has not paid the judgment for any reason. A finding by the Commissioner that an insurer is obligated to pay a judgment, or that a policy of an insurer covers the person, shall not be binding upon the insurer and shall have no legal effect whatever except for the purpose of administering this article. Whenever in any judicial proceeding it is determined by any final judgment, decree, or order that an insurer is not obligated to pay the judgment, the Commissioner, notwithstanding any contrary finding made by him, forthwith shall suspend the driver's license or driving privilege, or any registration card, license plates or decals of any person against whom the judgment was rendered, as provided in subsection A of this section.

[ScottGem]

First, it would help if you either gave us a link to where you found this or mentioned the state involved.

But from what I read of that, it seems clear that they do have the right to suspend your license if there is an unpaid judgement that meets certain conditions.

So, if you want your license back, pay what's due.

[kbodden]

First, it would help if you either gave us a link to where you found this or mentioned the state involved.

But from what I read of that, it seems clear that they do have the right to suspend your license if there is an unpaid judgement that meets certain conditions.

So, if you want your license back, pay what's due.

The state is Virginia. The link is TITLE 46.2. MOTOR VEHICLES.. I don't know if this will help. I think its crap and wonder if there's any way for me to fight it.