Did you have to sue some uninsured blowhead for fender bender damages, and now he refuses to pay? There is an effective way to get your money that requires little effort.
A Plaintiff who won a damages judgement against a Defendant for damages related to a car crash can use the law to suspend the Defendant’s (Debtor’s) drivers license until the judgement is paid. It is an easy Department of Motor Vehicles (DMV) form process, effective, and nearly free.
From today’s Plaintiff’s Attorney’s point of view, if it is possible to suspend a judgement creditor’s driver’s license, that method of collection is preferable before wage garnishment, property seizures, etc. Drivers license suspension is often faster and cheaper than these other collection methods.
Here is info, attorney tips and resources to help you do it.
If the Judgement Is for Less Then $750 and Does Not Involve Bodily Injury:
If the judgement you hold is for $750 or less*, and is at least 90 days old, the Department of Motor Vehicles requires that you use their form to notify them officially of an unpaid auto accident judgement.
The California DMV should already know about the judgement, because small claims court judges are required to notify DMV of most motor vehicle collision judgements. (See (a).)
Once the get a properly filled out , they will give the Defendant a 20 day warning notice to pay or face drivers license suspension for up to 7 years.
You might be surprised at how fast people pay once they get the DMV suspension notice. Maybe it is because driving with a suspended drivers license can lead to loss of a car, jail time, and $1000+ fines. Who knows? But it works. |
Tips for filling out the California DMV DL-17 Unpaid Judgement Reporting Form?
1) make sure the case name and the case number on the judgement match EXACTLY, EXACTLY, EXACTLY, with your entries on the DMV form;
2) keep copies of everything; and
3) send it to DMV via US postal Service Priority Mail with a Tracking Number Required.
If you get one digit in the case number off, or confuse the middle and first names listed slightly differently on the form than on the judgement, the DMV will reject your request. And they may not tell you they rejected it. Get it right the first time to avoid this problem.
There is required follow to warn you about: Once the judgement is paid in full, you (Plaintiff, Creditor) must notify DMV and the Court that the judgement was paid, or face penalties of your own. What if The Judgement is More than $750, or Involves Bodily Injuries?
When the damages exceed $750 or are for injuries to someone, a different law applies. In those cases, it is that apply.
In these cases, the Department of Motor Vehicles Requires a different form, .
Use the form if you have any bodily injury damages, even if it is for only on day of pain and suffering. Want Another Attorney Practice Tip?
Prior to mailing the form to DMV, or perhaps at the same time, a judgement creditor may consider sending the Defendant a written demand and instructions for payment of the judgement with notice of the request to DMV and a copy of the request form. In some situations, this prior demand may get the wheels turning sooner, so to speak.
Then, there is nothing to lose except the DMV Filing fee ($20 or so). If the drivers license suspension doesn’t work because the person never had a driver’s license, just relax, let it simmer, and work on other collection methods at the same time.
Be persistent, get paid sooner or later.
For updated, official information on this subject you should also study:
and and
*This figure is subject to change. Please review the for updated and official publications.
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