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bankruptcy question for dmv
- Thread Starter rvidair
- Start date
adjusterjack
Super Moderator
Possibly. Talk to a bankruptcy attorney.
Okay, now I see what you are talking about. You are talking about a motor vehicle accident concerning Florida's Dangerous Instrumentality Doctrine which concerns vicarious liability. It can result in harsh consequences. I don't know the length of time that your license might be suspended. But I do know that the state of Florida holds title-holders of a vehicle responsible for the actions that occur concerning their vehicle. As a result they can suspend the driver's license of a title holder for failure to satisfy such a judgment concerning a motor vehicle accident. The following Florida Statutes may apply.
324.111 Failure to satisfy judgment; copy to department.—Whenever any person fails within 30 days to satisfy any judgment, upon the written request of the judgment creditor or his or her attorney it shall be the duty of the clerk of the court, or of the judge of a court which has no clerk, in which any such judgment is rendered within this state, to forward to the department immediately after the expiration of said 30 days, a certified copy of such judgment.
324.121 Suspension of license and registration.—
(1) The department, upon the receipt of a certified copy of a judgment, as provided in s. 324.111, shall forthwith suspend the license and registration and any nonresident's operating privilege of any person against whom such judgment was rendered, except as hereinafter otherwise provided in this section, and in s. 324.141.
(2)(a) If the judgment creditor consents in writing, in such form as the department may prescribe, that the judgment debtor be allowed license and registration or nonresident's operating privilege, the same may be allowed by the department, in its discretion, for 6 months from the date of such consent and thereafter until such consent is revoked in writing notwithstanding default in the payment of such judgment, or any installments thereof prescribed in s. 324.141, provided the judgment debtor furnished proof of financial responsibility as provided in s. 324.031, such proof to be maintained for 3 years.
(b) If the department determines that an insurer was obligated to pay the judgment but failed to do so through no fault of the judgment debtor, the judgment debtor's license and registration and any nonresident's operating privilege shall not be suspended.
324.131 Period of suspension.—Such license, registration and nonresident's operating privilege shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full or to the extent of the limits stated in s. 324.021(7) and until the said person gives proof of financial responsibility as provided in s. 324.031, such proof to be maintained for 3 years. In addition, if the person's license or registration has been suspended or revoked due to a violation of s. 316.193 or pursuant to s. 322.26(2), that person shall maintain noncancelable liability coverage for each motor vehicle registered in his or her name, as described in s. 627.7275(2), and must present proof that coverage is in force on a form adopted by the Department of Highway Safety and Motor Vehicles, such proof to be maintained for 3 years.
324.111 Failure to satisfy judgment; copy to department.—Whenever any person fails within 30 days to satisfy any judgment, upon the written request of the judgment creditor or his or her attorney it shall be the duty of the clerk of the court, or of the judge of a court which has no clerk, in which any such judgment is rendered within this state, to forward to the department immediately after the expiration of said 30 days, a certified copy of such judgment.
324.121 Suspension of license and registration.—
(1) The department, upon the receipt of a certified copy of a judgment, as provided in s. 324.111, shall forthwith suspend the license and registration and any nonresident's operating privilege of any person against whom such judgment was rendered, except as hereinafter otherwise provided in this section, and in s. 324.141.
(2)(a) If the judgment creditor consents in writing, in such form as the department may prescribe, that the judgment debtor be allowed license and registration or nonresident's operating privilege, the same may be allowed by the department, in its discretion, for 6 months from the date of such consent and thereafter until such consent is revoked in writing notwithstanding default in the payment of such judgment, or any installments thereof prescribed in s. 324.141, provided the judgment debtor furnished proof of financial responsibility as provided in s. 324.031, such proof to be maintained for 3 years.
(b) If the department determines that an insurer was obligated to pay the judgment but failed to do so through no fault of the judgment debtor, the judgment debtor's license and registration and any nonresident's operating privilege shall not be suspended.
324.131 Period of suspension.—Such license, registration and nonresident's operating privilege shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full or to the extent of the limits stated in s. 324.021(7) and until the said person gives proof of financial responsibility as provided in s. 324.031, such proof to be maintained for 3 years. In addition, if the person's license or registration has been suspended or revoked due to a violation of s. 316.193 or pursuant to s. 322.26(2), that person shall maintain noncancelable liability coverage for each motor vehicle registered in his or her name, as described in s. 627.7275(2), and must present proof that coverage is in force on a form adopted by the Department of Highway Safety and Motor Vehicles, such proof to be maintained for 3 years.
adjusterjack
Super Moderator
Since the statutes specify judgment I suggest you act on bankruptcy before there is a judgment. Talk to a bankruptcy lawyer NOW.
By the way, you never explained how this lawsuit came about. Are you a co-owner of the car? Weren't you covered by the car insurance?
It seems the details are in his other post. If I recall, he co-signed for the vehicle with his wife during marriage. While the vehicle was deemed to be in her sole possession under the divorce decree, his name remained on the title as a joint owner. He is claiming that is ownership interest is the same as rental companies under the "naked legal title" exception. It would appear that his ex wife must have been involved in an accident and he's being sued as a joint owner of the vehicle.
army judge
Super Moderator
That sums it up, with one small deviation as I recall.
The divorce was before the court, but hadn't been granted.
If that's true, the answer is far more complex, the remedy harder to obtain (if attainable at all), and the outcome is more troubling.
In any case, a BK filing ASAP, could be extremely helpful.
Or the potential for a bankruptcy filing could be significant leverage for a quick settlement of the suit against him (but will still leave the plaintiff to pursue the wife.)
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