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    AndrewPrem's Avatar
    AndrewPrem Posts: 7, Reputation: 2
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    #1

    Mar 16, 2010, 07:00 PM
    Is it possible to vacate a judgment after 19 years in VA?
    I am a Michigan resident trying to renew my drivers license. I was in an accident in 1988 in VA. I was rear ended and pushed into a car a head of me. Minimal damage and I was not issued a ticket. It was a friends car, and I didn't have his insurance information with me.Flash forward 21 years, when I went to renew my Michigan drivers license, the MI Secretary of State (DMV) said to contact VA DMV, who in turn said to contact a law firm in VA. Long story short, the law firm got a judgment for $628 in March of 91, and now they want $1,000 more in interest. I was never served any papers in person. They sent it to some address I was never at. I've always had a Michigan license, and would think they should have sent any paperwork to that address. The case was in district court, and according to VA law, if not docketed and extended, falls off after 10 years (which I don't believe it ever was). But VA DMV policy is 20 years. I have wrote to the Commissioner of the VA DMV stating my case, telling him that the DMV is putting their policy above the VA law. He say's that's their policy and that's final. I have a case number, but the people at the court say they have no record, and that I probably cannot vacate a judgment on a case that doesn't exist anymore. I've talk to at least a dozen attorneys, and no one has been able to give me any advice. Can I have the judgment vacated? Can I have the court force the DMV to remove the hold on my license citing VA law regarding enforcement periods on judgments? Also, the VA DMV wants me to apply for SR22 insurance if I pay the judgment. I want to get my commercial drivers license, and don't want to have an issue with insurance. Any advice would be greatly appreciated.
    DownUnder's Avatar
    DownUnder Posts: 492, Reputation: 24
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    #2

    Mar 17, 2010, 08:25 AM

    Hello Andrew

    I live in virginia and I can tell you they have the strictest dmv laws in the country. That is not my opnion
    That is a fact. Let me do a little research and maybe I can find out something to help you. Or may be someone else that has better knowledge of this can help answer your question.
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