Ok, I need HELP!! I was in a car accident in 2000 where a guy hit my car and didn't have insurance..We never heard from him...he never paid for the damages and I took him to small claims court..got judgement by default in 2001. He still never paid me! So, I had his license and registration revoked here in the state of Florida in Dec 2002. Guess he got a letter from the state and found out and now wants to make amends and pay me 75/month until it's paid up...785 + 11% interest per the judgement...like 872 total. In order for him to get his license/registration back he needs either a satisfaction of judgement (which he can't pay the total right now) or a creditor's letter of consent. He said that MVA told him that was a letter stating he's making payments..so I'm assuming it's like a promissory note, right? The thing is I don't want to give him his license back and find out he stops payment on the agreement. Does anyone know where I can find information on this type of thing? What exactly is a "creditor's letter of consent?" Geezzz now I feel like a collection agency LOL But the last resort I had to get my money was to write to the state and get his license revoked. I knew he wouldn't pay otherwise. Thanks for any help!
I would take that to mean a letter from you telling the DMV that you consent to him getting his license back because he is making payments to you. I don't know if I would do that. I would make the guy pay it in full and then let him get his license back. It is creepy being on the other side of a collection effort, but the difference between you and "them" is that you are not trying to ruin the guy's life even after he pays you the money.
Yeah, Kinda what I figured....I don't want to type up a letter stating that he can have his license back while he's paying me. He's already skipped on me for 2 1/2 yrs so I don't think so! When he calls me tomorrow because I haven't delivered the letter I am telling him that I want the total up front. I have waited this long with no money so if he refuses...oh well...it's his driving privileges, not mine!
Consider the broader consequences. You give this guy the letter, he gets his minimum required no-fault insurance from a "quickie" ins. agcy. with a 2 month premium. He defaults on you, defaults on the insurance,and next time he kills someone. You are potentially liable. If I were you I would require not only the full amount he owes you, but a signed release from him of any future claims.
Taken from the Cook County Circuit Court (Illinois) site giving advice on small claims: How is a judgment collected? Does the Court make the collection of a judgment? THE COURT AND CLERKS DO NOT COLLECT THE MONEY. The responsibility for that is on plaintiff, but the Court and the Pro Se Staff in Room 602 will assist in the process. Some defendants are unwilling to pay and trying to collect requires time and patience. In seeking to collect, plaintiff has a right to telephone the defendant at reasonable times. Some of the principal steps that may be taken to collect a judgment are: A. A MEMORANDUM OF JUDGMENT may be recorded and will constitute an objection or lien on the title to any real estate owned by defendant. B. A CITATION TO DISCOVER ASSETS may be issued, requiring the defendant, its banks, employers, or others to come to court and/or answer questions about bank accounts, money, real estate or other assets that defendant may have ownership of, or interest in. C. A WAGE DEDUCTION order may sent to defendant's employer requiring that a certain percentage of wages be held back over specified number of weeks to pay the judgment. D. A GARNISHMENT can be directed to anyone owing money to a defendant (a bank, a tenant, debtor, etc.) requiring that the money due to defendant should be paid to the plaintiff in whole or in installments, as may be ordered. E. After a CITATION TO DISCOVER ASSETS or a rule to show cause has been issued, and if the Court orders, an ATTACHMENT may be issued for the arrest of defendant. When defendant is brought into court, the Judge will determine what further action should be taken. I think you're doing the right thing by refusing to write that letter of consent. I'd contact the court this was originally filed in to see what your options are to collect. It's nice that he contacted you after his license was suspended but like you said, what's keeping him from flaking out again after he pays for a month or two?
I wouldn't be liable....if he got in an accident. He is the one who hit me and skipped out and even skipped out on the courts. I got judgement by default. He thinks he can get away with this. He needs to know I won't allow it. What kind of motivation is there for him to pay up if I give him back what I took away in the first place...his driving privileges! So, I am standing my ground. When he calls me today wondering why I didn't write up the letter I am going to tell him bluntly "You ignored my claim for over 2 yrs (It was aug 2000 when the accident was done) and I want my money NOW!" His excuse for not having insurance when he backed up into me in a parking lot was "The ins company sent the bills to my WRONG address!" YEAH right! And he couldn't figure that out! OMG he's smooth... I'll let you guys know what happens when I demand full amount up front. I'm going to get his address too so I can do this in writing...I'm hoping he gives it to me!
it's his driving privileges, not mine! Helen hkolln ============= He may be driving with out a license any way
Well his father called me just now! Can you believe it! I'm wanting my money up front with interest...he wants to pay me 100/wk for his son so his son can get his license back LOL....he went off on a tangent for like 15 minutes on how his son has no money...is paying child support for a child he doesn't think is his blah blah blah I kept reiterating that 1) I've been waiting since Aug 2000 for payment 2) I demand payment in full with interest 3) that his son nor his family contact me until I have my payment in full! Seems he didn't get it so I hung up on him! What is wrong with me demanding full payment? These people just don't get it. He thinks he can go to the judge who signed the final judgement and make out payment arrangements. Like they are friends or something LOL BTW: I typed up my demand for payment and am mailing it out tomorrow...total due is 939.30! Now let's hope he pays up! Seems like he's getting everyone involved now and they are calling ME...like it's my fault his son was driving without insurance!
Tell his father, sure, send me $100 week. Whats the big deal of waiting 2 1/2 months for his license, when you have waited 2 1/2 YEARS for your money? Stick to your guns!
But the thing is his father won't send me a dime until I write up a letter so his lovely son can get his license back...then in after that he will pay me 100.00/month.... I have no deal there. I told his father, sure send me 100/wk until it's paid off...then I will send your son a letter of satisfaction. I will not write up anything until the payment is in my hands in full. I feel like they think I'm a sucker. If I write up a letter showing payment arrangements then give him back his license I will have no leverage anymore and that was the main reason I suspended his license to begin with. I want my money...either by payments or in full but until it's paid in full I will not write a letter to give him back something I took away in the first place. Who's to say I write up a letter stating payments will be made, give him back his license and then I receive nothing. It's just not worth it to me in the long run. I've gotten ZERO from them for 2 yrs so what is another 2 yrs?
Wow. This is facinating. So how did you discover you that a judgement will allow you to suspend a drivers licence? I wonder if you can also suspend the DL of a CA that violated the FDCPA and was sued for $1000? Can we suspend the DLs of the presidents of the CRA's everytime they violate the FCRA?
The principle behind liability in your case is simple, you got his license suspended (GOOD) However, if you do something,in writing that allows him to regain his license, and he causes injury to someone else, they MAY have grounds for suing you as an "enabler" Just make sure that along with your $$ paid in full, you also get a release from him holding you harmless for any claims arising out of your allowing him to regain his license.
That a stretch. Just because he was in a previous accident with him/her does not mean he/she will liable for any accident in the future. I do not see how allowing him to get his license back is a legal cause of a future accident. I agree get paid first, but do not worry about getting sued if he gets into another accident. The two things (new accident and permission to get license) are not really linked at all, because he could drive even without a license or after he paid her off.
She wouldn't be allowing him to regain his license. I would think she is only releasing her claim. It would be up to the state to reissue it, or not, and you would think they held the responsibility to verify insurance before returning it to him, or someone might have a claim against them.
Well, it was an AUTO accident...and he had NO insurance...I just contacted the Bureau of Financial Responsibility in Tallahassee after asking an attorney. In the state of Florida if you obtain a judgement due to an auto accident you can suspend licenses if you are not paid. Just brings the money due to the defendants attention, I guess. And it works! Plus his tag and registration is also suspended.
