Hello: My husband had a traffic accident when he was 17 years old in Florida- 13 years ago. The lady sued him- but because he was attending college in California, he was never properly notified. His little sister signed for the paperwork but never told him about the judgement. We found out about the judgement from his credit report. We filed Chapter 7 bankruptcy in 1994- which was discharged 3/1995. This judgement was included in the bankruptcy. My husband tried to get his Florida Drivers License cleared, but....State Farm (people who sued him) says that the bankruptcy does not apply because the case number on their document does not match the case number on their bankruptcy papers. Although the judgement is no longer on his credit reports, he cannot clear his license unless he pays it (approximately 2400.00). Florida DMV says that the judgement will stay on his record for 20 years and his license will be suspended until then. Any help in this situation will be greatly appreciated. Thanks in advance.
Sounds like you might need to speak with an attorney, or maybe take State Farm to small claims court. Hopefully more of the experienced folks on the board can help.
OK you need to check Florida statutes on drivers license suspensions. There should be a statute that says a judgment relating to a motor vehicle accident once discharged thru BK will allow license privalages to be reinstated. You will probably have to send a letter to the DMV reminding of the law and a copy of his BK discharge papers to the Florida DMV and pay any fees they require to get the license back. Piss on state farm, they ain't getting squat.
As I understand it, a civil judgment for injuries caused by an at fault motor vehicle accident are not dischargable in BK. I believe you will have to pay the judgment off to get it released and get his license. I do not think this is a credit related issue, as this type of money judgment is not,in my opinion, subject to the FDCPA. The reason it is different is that the BK laws do not allow someone who has caused injury to be discharged from their liability for damages.
I was in an accident where the other driver was at fault and had no insurance and I did the same thing...I had his license suspended when he refused to pay up the 700.00 he owed. After 2 yrs of trying to contact him, numerous phone calls and him blatantly ignoring my request for payment I had his license and registration suspended. Within 2 weeks I had my money + interest. I had to fill out a form to give him his license back which he took the DMV. I don't believe judgements like that are dismissable in bankrupty. If i were you I would pay it off ASAP as each year you are accumulating interest on it and it will be HUGE if you ignore it. Bottom line is, if he wants his license back he'll need to pay it + interest. If not, then in 20 yrs they can file to have it renewed and it could be active indefinitely.
Re: Re: Judgement in Florida- DL Suspended Excellent, and correct, response. The BK doesn't affect the judgement of the suspension. Just be happy State Farm isn't tacking interest on to the balance...
1*His little sister signed for the paperwork but never told him about the judgement. 2*This judgement was included in the bankruptcy. 3*My husband tried to get his Florida Drivers License cleared, 4*..State Farm (people who sued him) says that the bankruptcy does not apply because the case number on their document does not match the case number on their bankruptcy papers. 5*Although the judgement is no longer on his credit reports, he cannot clear his license unless he pays it (approximately 2400.00). 6*Florida DMV says that the judgement will stay on his record for 20 years and his license will be suspended until then. 7*DL Tearm up ====================== 1*see if you can vacate the jugment. 2*Then it's paid. 3*BK paid the judgment so why werent they cleared? 4*So they need to correct their number. 5*Don't get this when the BK cleared it.? 6*Isn't a 20 year suspension excessive ????? 7* THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: Judgement in Florida- DL Suspended We filed Chapter 7 bankruptcy in 1994- which was discharged 3/1995. This judgement was included in the bankruptcy. Tearmup Then how did the BK court allow it here. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
SOUNDS GOOD TO ME!!! STATE FARM has jurisdiction over the BK COURT??? Not a BK or SMALL CLAIMS expert...
"IF" IT WAS DISMISSED IN BK COURT...HAVE STATE FARM DISCUSS IT WITH THE BK COURT!!! MAYBE THE BK COURT WILL BOW-DOWN AND KISS THE FEET OF STATE FARM AND ASK FOR FORGIVENESS!?!?!?!?!?
Re: Re: Judgement in Florida- DL Suspended I contacted the Florida DMV and told me that if I can prove that this judgement was included in the BK, they would remove it. The problem they had was the fact that their case number didn't match the case number on the BK papers, so they wouldn't remove it. I went through some old credit reports and found the judgement listed with the court docket number. This number also matches the number filed in the BK papers. So, there's our proof. I'll let you know what happens when I send this information to Florida DMV. TW
Re: Re: Judgement in Florida- DL Suspended I don't know if it pertains to you, but Fla Tan (I believe) recently posted about a change in the law for judgments in Florida. Wish I could remember what it was about! Might be worth doing a search on here.
