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Ask MShore Your Own Question
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Customer Question

I am a North Carolina resident. I went to Texas to attend a truck driving school and get a class A CDL. After completing the course and obtaining the license, the state of Texas issued me a temporary license/permit to drive a truck, with the actual license to be sent later. The license was sent to the hotel in which I stayed during the school, and was picked up by the school to be forwarded to me so I could immediately become a "student driver" in their employ.

I was terminated from their employment before the license was sent to me and returned to North Carolina with only the temporary Texas CDL certificate.

I have tried for nearly a month to get the school to send me my license. I have made over about two dozen phone calls requesting my license. I have left messages on every extension, including two on the director's voice mail. I have sent e-mail requests.

On one occasion, I actually talked to a person who happened to answer the phone. She went to the trouble to go and check and verify that my license was in fact there at the school and told me they would be send via UPS to me immediately. That was Friday, October 26th. Still no license. I have called the home office of this company in Salt Lake City, UT requesting help and continue to be ignored.

Meanwhile, I have a job offer, that I have had for over three weeks, but I cannot be hired until I transfer the Texas license to my home state. The state of North Carolina will not let me use the temporary certificate to transfer my license since it is commercial. Also, I have an offer that has been accepted to purchase a semi to become an owner/operator, but that sale is also conditioned upon my ability to show a class A CDL, which I cannot do. So, I stand to lose this deal and the truck, that I spent numerous hours searching and negotiating for. The seller is running out of patience.

So, I have several questions. First, how can I get my license? I need it three weeks ago. Secondly, do I have grounds for suing for lost wages? And thirdly, does this constitute obstruction of mail?

Thanks for any help you can give.

Vernon Grossman-Orr
Submitted: 4 years ago.
Category: Legal
Expert:  MShore replied 4 years ago.
Thank you for the post, I am happy to assist you by answering your questions. I want to make sure I understand the facts, do you have a TX CDL?
Customer: replied 4 years ago.

I passed both the written and driving exams (at my own expense) in Texas. So yes, I have a TX CDL, but all I have in my possession is the temporary certificate they issue at the local DPS. The actual license is sent from Austin to the address on the license. That is what I do not have, and cannot figure out a way to get short of driving back to Texas, which as of today would be illegal because the temp license certificate expires today.

Expert:  MShore replied 4 years ago.
Thank you Vernon, have you contacted the TX attorney general's office, division of consumer protection to enlist the assistance of that office in compelling the school to mail the license? I ask because from your description the issue is not that you failed to earn the license, to the contrary it is just that they have not mailed it to you and need to be pressured to do so.
Customer: replied 4 years ago.

No I have not because honestly, I did not think it would go this far. And enlisting the AG's office will only make this process lengthier. I need income and I need to be able to buy the truck. I am losing income every day because they won't send my license to me. Going to the AG, while it may EVENTUALLY resolve the matter, won't give any immediate relief.

Expert:  MShore replied 4 years ago.
Do you have the resources to retain counsel?
Customer: replied 4 years ago.

Depends on how much.

Expert:  MShore replied 4 years ago.
ok, for an attorney to draft a demand letter threatening legal action if they do not release the license within 24 hours would cost approx $200-$300. This is likely all that is required to compel them to mail your license.
Customer: replied 4 years ago.

So, do I just contact an attorney who practices in the county where the truck driving school is located?


 

Expert:  MShore replied 4 years ago.
Yes, if you want guidance on how to retain counsel please let me know and I will assist as best I can. The lawyer referral service is an excellent resource, please let me know if you need additional guidance.