How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Elizabeth Prentice Your Own Question

Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
70685486
Type Your Bankruptcy Law Question Here...
Elizabeth Prentice is online now
A new question is answered every 9 seconds

My license is suspended in Oregon due to a Judgement against

Customer Question

My license is suspended in Oregon due to a Judgement against me. I have filed bankruptcy, and the debt has been satisfied, but the creditor still has a lien on my license with the court. The creditor seems unwilling/doesn't know how to drop the lien. How do I get the court to drop the lien?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Elizabeth Prentice replied 1 year ago.
I am a bankruptcy attorney and I would be happy to assist you. Generally, the only time a debt collector or creditor can cause your license to be suspended is if they have a legal judgment against you and if that judgment arose from a motor vehicle accident. Based on my research, it appears that the Creditor needs to fill out and file a release of lien form if it also attached to your vehicle. It is Form 524. You can fill out online and submit it to the creditor to sign and file with the DMV. Here is the form: http://www.odot.state.or.us/forms/dmv/524.pdf

With regards XXXXX XXXXX license, you must obtain a reinstatement of your license. This costs $75. First, tou must request a clearance letter for reinstatement here:
https://www.oregondmv.com/SSL/contactdmv/driver.htm
Simply fill out the request form and explain that you have filed bankruptcy, but that you satisified the lien from the creditor. State as much information as possible, such as amount, who the creditor was, etc. Also request that you would like the form for reinstatement once you receive the letter.
Here are the instructions for reinstatement:
http://www.oregon.gov/ODOT/DMV/pages/driverid/reinstate.aspx

I hope my answer has assisted you and that you will leave me a positive rating! Please feel free to request me by name, should you have any questions in the future.
Customer: replied 1 year ago.
Relist: Inaccurate answer.
This answer didn't contain any relevant information. It contained a link to a form that is used to remove liens from vehicles, which has nothing to do with the lien on my license from an unsatisfied judgement.
Expert:  Elizabeth Prentice replied 1 year ago.

Hi, I would like the opportunity to clarify for you. The second portion of my answer did answer your question. Per the Oregon DMV, in order to obtain your license back after it has been suspended for failure to pay the debt, you must request a clearance letter and form. They are not available except by online request, per the link I provided. I was being extra thorough by providing you the form for the vehicle as well, just in case there was a lien on that too.

 

Make sure to fill out the form requesting specifically a clearance letter from the DMV that the debt is satisfied. You must also state in the request the name of the creditor and that you have properly satisfied the debt. They will then check this, and send you a reinstatement form along with a clearance form showing your approval for reinstatement. You then fill that out and pay the $75 fee to reinstate your license.

 

Here is the form to request the a) clearance letter and b) the resintstatement form:

https://www.oregondmv.com/SSL/contactdmv/driver.htm

 

I hope my answer has assisted you and that you will leave me a positive rating! Please feel free to request me by name, should you have any questions in the future.

Customer: replied 1 year ago.

I called the DMV and requested a clearance letter. They told me that a clearance letter doesn't apply to me, as the judgement has not been changed to satisfied yet, as the creditor has not requested it to be. What I need help with is getting the court to render the judgement as satisfied. Like I stated, the creditor doesn't seem capable of or willing to communicate this to the court in the proper way.

Expert:  Elizabeth Prentice replied 1 year ago.
Thank you for the additional information. The creditor has to fill out an Acknowledgment of Satisfaction of Judgment. This is similar to a receipt for you paying off the lien. If they have not done this, then you need to formally write a letter to the creditor and send it via certified, registered mail. Keep a copy of the letter for your records.

Under Oregon Code Section 18.225, the creditor must provide you this document stating that the judgment has been satisfied. Then you may file it with the court clerk, your county recorder or give it to the DMV. If the creditor fails to provide you the document, you may file a Motion to Satisfy Money Award, pursuant to Oregon Code Section 18.325. You may want to obtain an attorney to represent you if you need to file the Motion. However, if you show that the creditor failed to provide you the Satisfaction of Judgment, the court will grant your attorneys fees too.

I hope my answer has assisted you and that you will leave me a positive rating! Please feel free to request me by name, should you have any questions in the future.
Customer: replied 1 year ago.

I would happily pay you the $40 for this question if any of the answers I received actually did anything to help my situation.

 

I have sent certified mail to both the judgement creditor and the judgement attorney requesting a Satisfaction of Judgement. Both claim they have no need to do anything, and refusing to pay attention to me. The court administator also refuses to do anything.

 

Also, Oregon Code Section 18.325 that you linked to me doesn't exist.

Expert:  Elizabeth Prentice replied 1 year ago.
I am sorry to hear you are having so much difficulty with this situation. Your frustration is very apparent. Fortunately, the attorney for the creditor is incorrect. They must provide you a copy of the satisfaction of the judgment. There is no link in my last post. I am sorry if you tried to find the law and were unable, or if you mistook my statements as a website link. Attorneys have more resources when researching laws, which is why we are paid for our services. Additionally, we use legal research sites which we pay subscription fees for and which are unavailable to the public. I have researched and found you a public link which has the statute here: http://www.oregonlaws.org/ors/18.225

Since you have been unable to convince the attorney to comply with the above stated law, I would recommend immediately obtaining a local attorney to write the creditor and its attorney a Demand Letter. These type of letters are generally not very expensive to obtain from a local attorney. At your initial consultation, explain your situation and make sure to bring with you evidence that you have satisfied the debt along with a the creditor and its attorney's address. If the demand letter is unsuccessful, explain that you are interested in retaining the attorney on a contingency basis to file the Motion mentioned in section 18.235 (you can find the link to that statute in the left side column on the webpage mentioned above).

If you need assistance in finding a local attorney to retain, I advise contacting your local lawyer referral service. These attorneys are approved by the OR state bar and have met certain standards. Additionally, they will provide you a reduced consultation fee. In order to have a consultation, you can make an online request here:
http://www.osbar.org/public/ris/lrsform.html

I hope my answer has assisted you and that you will leave me a positive rating!


JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.