Can you suspend someone's driver's license if they don't pay a small claims judgment?

SK, Can you suspend someone's driver's license if they don't pay a small claims judgment? Someone who me over $2,000 and was told I could suspend the her license HELP! What does judgment mean? Do I worn her with a letter of demand or no?

Daniel R  

Hello Daniel, Yes  If your Judgment is for an automobile accident, you can have the Defendant's driver license suspended to force payment.

When you win a small claims case, the money the court awards you is called the Judgment. You are the Judgment Creditor. The person who owes you money is the Judgment Debtor. 

When can I have a driver license suspended?

If your judgment is for an automobile accident on a California highway and the Judgment Debtor won’t pay, you can ask the Department of Motor Vehicles (DMV) to suspend their California driver license. 

Steps to take
To suspend the Judgment Debtor’s driver's license, take the following steps:

·         Get the proper form at your local DMV  or let us help you.

·         Please keep in mind below:

·        

   If your judgment is for $750 or less and has remained unpaid for 90 days, the DMV can suspend the license up to 90 days. This only applies to the actual driver of the vehicle and not the registered owner.

·         If your judgment is more than $750 and has remained unpaid for 60 days, the DMV can suspend the license of both the driver and registered owner for up to six years. Some exceptions may apply. Speak to a Small Claims Advisor for details.

          

·         Fill out the form, take it to the Small Claims Clerk’s Office and have them certify the form.

·         Request a certified copy of the Notice of Entry of Judgment from the clerk. Pay the fee.

·         Mail the completed DMV form and the Notice of Entry of Judgment form to:

If your judgment is for $750 or less and has remained unpaid for 90 days, the DMV can suspend the license up to 90 days. This only applies to the actual driver of the vehicle and not the registered owner.

If your judgment is more than $750 and has remained unpaid for 60 days, the DMV can suspend the license of both the driver and registered owner for up to six years. Some exceptions may apply. Speak to a Small Claims Advisor for details or call our offer for details.

DMV will give the Judgment Debtor a limited amount of time to pay the judgment. If you are not paid, the DMV will suspend the Judgment Debtor’s driver's license for the time period listed above.

When you been paid , What do I do now?

After you are paid, take the following steps to remove the suspension:

·         Get a certified copy of the Satisfaction of Judgment from the Small Claims Court Clerk and pay the fee.

·         Mail the certified copy to the Judgment Debtor so they can remove the suspension.

For the defendant the Judgment Debtor. How do they get my license back?

·         Pay the judgment in full

·         Have the Judge grant you court-ordered installment payments.

·         At the time of the accident the Judgment Debtor had enough insurance coverage to satisfy the judgment.

·         If the Judgment Creditor fails to file the Satisfaction of Judgment.

You must pay a fee to DMV and provide proof of insurance to have your license reissued. The Notice of Suspension you receive should list this fee. You can warn her with a demand letter letting her know if she does not pay the judgment or make arrangements for court order payments she will get her license suspended

There more involved in this and it can be overwhelming so it's best to hire someone that know what they are doing.

If you need help please contact my office and for a fee we can gladly assist you.

Kindest Regards,

SK Strong

Top Small Claims Specialist

(909) 986-0883

SKQUESTIONOFTHEDAY@GMAIL.COM