Current through Reg. 47, No. 14; April 8, 2022
(a) A judgment resulting from a crash must
arise out of ownership, maintenance, or use of a motor vehicle by the judgment
debtor upon a public highway, or be a suit on a settlement agreement resulting
from a motor vehicle crash.
Action against a judgment debtor may not be taken if the judgment is filed by
the owner of a vehicle against the driver of that vehicle.
(c) Action against a judgment debtor will not
be taken unless the department receives a certified copy of the judgment, form
SR-42 (Transcript of Civil Proceedings), and form SR-62 (Notice of Unsatisfied
Judgment), from the person requesting such action.
(d) An Order of Suspension will be mailed to
the judgment debtor. The suspension is effective on the date of the
To lift the suspension,
the judgment debtor must submit one of the following compliance items:
a release as stated in §
of this title (relating to Crash Suspension Provisions),
(2) an installment agreement between the
judgment debtor and the judgment creditor approved and signed by the judge in
the court where the judgment was rendered,
(3) a form SR-84 (Judgment Creditor's Consent
to Allow Licensing), or
bankruptcy petition indicating "filed" by the court, a final order of
bankruptcy or discharge.
(f) If a judgment was rendered within the
past two years, the debtor must also file proof of insurance in the form of an
SR-22 (insurance certificate).
A reinstatement fee is required prior to the renewal or issuance of a license
in a judgment case unless the suspension was lifted due to bankruptcy
(h) If a suspension is
withdrawn by the filing of form SR-84 (Judgment Creditor's Consent to Allow
Licensing), the driving privileges can be suspended again after 6 months by
filing form SR-85 (Revocation of Judgment Creditor's Consent).
(i) If a person defaults on an agreed
judgment or court approved installment agreement, the license can be suspended
by filing form SR-46 (Notice of Default on Court Approved Installment
Agreement) along with a certified copy of the agreed judgment or court approved
judgment debtor was covered by liability insurance at the time of the crash out
of which the judgment arose and the insurance company denies responsibility for
payment of the judgment, the debtor is not excused from complying with the
judgment provisions of the Act unless the judgment debtor;
(1) files suit against the insurer to place
responsibility for payment of the judgment upon the insurer, and
(2) furnishes to the department a certified
copy of the petition, proper insurance coverage is presumed pending the final
disposition of the suit.