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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26758
Experience:  Began practicing law in 1992
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Received Dismissal Docket Notice on June 10, 2011 stating: In

Customer Question

Received Dismissal Docket Notice on June 10, 2011 stating:
In accordance with Rule 165A, TX Rules of Civil Procedures, the case as described above has been placed on the dismissal docket. the dismissal docket will be called at 1:30 PM on the 14th day of July, 2011 in the county Court At Law No. 4, Williamson County Justice Center, 405 Martin Luther King Street, Georgetown, TX. ....... Received from TX Department of Public Safety:
Order of Suspension..... Your TX DL and all motor vehicle registration receipts and license plates issued solely in your name, has been suspended and/or denied.....

The accident happened on 11/29/2009 on a public highway. Minor (at the time 15 years old and no driver permit and no DL) drove father's truck (him sitting next to her... he suggested she drive) and the accident occurred.

Meanwhile, the then minor and now 19 is now on suspension and cannot drive. Does this dismissal notice mean nothing? The other persons' insurance company is asking for $5800 in restitution.

The suspended driver is a student and has no income to make restitution. Should the father not be totally responsible for this situation? Also, why after over 4 years is this now surfacing?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

This is ac actual civil lawsuit that has been filed in that court. Who filed it? Were you appealing a drivers license suspension or did you get sued by the insurance company or the other driver?

Customer:

This accident happened on 11/29/2009 on a public highway. Minor (at the time 15 years old and no driver permit and no DL) drove father's truck (him sitting next to her...he suggested she drive) and the accident occurred.

Customer:

On June 10, 2011, the Dismissal Docket Notice was sent to minor and her father by the county clerk, Williamson County, TX. It states the cause no and the parties involved. Here is what the body of the notice says: In accordance with Rule 165A, Texas Rules of Civil Procedures, the case as described above has been placed on the dismissal docket. The dismissal docket will be called at 1:30 p.m. on the 14th day of July, 2011 in the County Court At Law No. 4, Willimason County Justice Center....... The Court shall dismiss this case for want of prosecution at the dismissal hearing unless there is good cause to maintain the case on the docket. If you want your case to remain on the docket you must appear at the Dismissal Docket at the date and time shown above with a file-marked copy of sworn Motion to Retain, along with an Order to Retain. This is the only notice you will receive regarding this setting.

JD 1992 :

That is a standard Notice of Dismissal Docket, most courts send one of those out a year on cases that have not had any significant progress.

Customer:

Two days ago we received a Notice of Unsatisfied Judgment from the Insurance Company (the company that insured the car that was damaged) This is what it states: The undersigned State Farm Mutual Automobile Insurance Compnay or Stephen E. Garner hereby, certifies that sixty (60) days have elapsed since the date of judgment was signed and entered in Case No...... in the County Court at Law, Number Four (4); Williamson County, TX on October 13, 2011 styled Name vs. Name, a minor, Name (her father), individually, and Name as Next of Friend, Name, a Minor and certified to on the attached Transcript of Civil Proceedings, was rendered, that such suit was instituted on September 7, 2010, and said judgment obtained as a result of a motor vehicle accident which occurred on November 29, 2009, on a public highway, at or near Williamson County, TX and that said judgment is final and unsatisfied with the principal sum of $5000 remaining unpaid.

Customer:

The TX DPS suspended her license because of this. Obviously, the DPS does not know about the Dismissal Docket Notice!!!! What is your take on all of this. Could I possibly talk with you personally on the phone???

JD 1992 :

First, we are unable to discuss this other than through the website due to the site rules.

JD 1992 :

I'm not sure what you mean by the remark about the DPS.

Customer:

I understand. Am I making any sense?

JD 1992 :

I understand your facts, just not your question. What is is specifically that you would like to know?

Customer:

The DPS sent this: Your TX DL (the then minor and now 19 years old and a full-time student) and all motor vehicle registrationreceipts and license plates issued solely in your name, has been suspended and/or denied indefinitely effective on 06/18/2013 because you have failed to satisfy a judgment rendered against you upon a cause of action for damages arising out of a motor vehicle accident upon a public highway that occurred on 11/29/2009, in Williamson Co Cause No.......... This suspension has resulted in the disqualification of all commercial driving privileges (she never had any commerical....). An occupational or essential need river license may nto be issued for the operation of a commercial motor vehicle. You must surrender any valid TX commerical driver lic;ens in your possession. The license will be returned to you upon expiration of the suspension period. Driving any motor vehicle upon the highways of this state while a license or privilege is invalid may resutl in criminal penalties and additional suspension action.......During the period of suspension you may keep and use your TX non-commerical DL for identifica;tion purposes only. Possession of the license does not establish authorization to drive. What we need help with is how to lift the suspension. She obviously does not have this $5000 nor should she be punished for something that she did as a minor when this action was suggested by her father that she should drive?????

Customer:

The question her is: Do they really have a case? Since the dates are all not in compliance. I printed out the Rules on this and it mentions the dates which are definitely not adhered to in this case. There were no other notifications received that this case was reopened.

JD 1992 :

Was there liability insurance on the vehicle she was driving?

Customer:

Yes there was but he father did not report it to his insurance company. I suppose he was afraid they would drop him? I don't rightly know. He has a small business that barely sustains him and he must have a truck to operate.

JD 1992 :

The reason I am asking is there are two ways the DPS can suspend, either because no insurance or because of a judgment.

JD 1992 :

When she was served with the lawsuit did she file an answer or anything in the suit?

Customer:

They say "you have failed to satisfy a judgment rendered against you ......."

JD 1992 :

I understand, that's why I asked about the insurance. They are obviously going solely on he judgment. When she was served with papers did she file an answer?

Customer:

The only thing ever received (as far as I know) was the dismissal docket notice.

JD 1992 :

She was never served?

Customer:

She, herself, no.

JD 1992 :

Was anyone else served as her "parent or next friend"?

Customer:

I'm calling her dad right now. What good is the dismissal docket notice???

JD 1992 :

It is just a notice that it is set for dismissal, not that it was dismissed. The other side likely filed something to keep it "alive". They could have filed a Motion to Retain and the court would have removed it from the dismissal docket.

Customer:

Just spoke with her dad and he said NO he was NEVER served. How can we find out if they filed a motion to retain? Would that be at the Clerk's Office? I called them and (I doubt that anyone looked up the cause no) because they said we need to call the lawyer of the insurance company.

Customer:

If, in fact, such a motion was on file, they would have had to sent it to her dad also? Along with anything else????

JD 1992 :

Whatever they filed would be in the clerk's file under that cause number. You also need to look up who was served in the case.

JD 1992 :

Her dad should have been served as well.

Customer:

The only people that could have been served would have been her and/or her dad. She says he never was served.

Customer:

Is this possibly something we could go to the Board of Insurance with?

Customer:

He says he was never served.

JD 1992 :

What she can do then is hire an attorney there in Williamson County to try and get the judgment vacated. The procedure is more complicated in Texas than most states but if no one was ever served it is still possible.

JD 1992 :

Once the judgment is vacated then the DPS should lift their suspension.

JD 1992 :

They also need to notify his insurance company because they will provide a defense and prevent this from happening again.

Customer:

Oh my goodness. Lawyers cost lots of money and this company is booking on us finding some loan to get them off this case?

Customer:

Would his insurance company drop him?

JD 1992 :

You can ask for the attorney's fees back that you have to spend on vacating the judgment, at that point the insurance company takes over but there is no way for her to get the suspension lifted unless she pays the amount or she gets the judgment vacated.

JD 1992 :

I have no way of knowing if the insurance company would drop him.

Customer:

OK. The dates on the official Rules and the Dismissal could possibly be totally irrelevant. Why did this take this long to surface, I wonder? My husband says that this is probably a "fishing expedition" by State Farm lawyer.

JD 1992 :

It's not a fishing expedition if they got a judgment.

JD 1992 :

I'm not sure why they wouldn't have served her or him, State Farm is pretty good about doing that.

JD 1992 :

Some smaller insurance companies lie about it but I've never seen State Farm do so.

Customer:

Thank you for answering. We will need to get an attorney......

JD 1992 :

You should be able to find one to handle this part pretty inexpensively.

Customer:

Any idea who? We're in Austin, TX

JD 1992 :

Look for someone there in Georgetown. We're not supposed to give specific referrals but you may try Patricia Cummings. I don't know if she does civil work but if not she can point you to someone there who does.

Customer:

thank you very much.

JD 1992 :

You're very welcome and I wish you and your daughter the best.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26758
Experience: Began practicing law in 1992
Dwayne B. and 17 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.
Customer: replied 1 year ago.

It still puzzles me that my granddaughter is responsible for something that happened when she was a minor and should be transferred over to her father since he was the responsible adult. Her license is suspended and she has to pay....... to get it reinstated and her insurance will be outrageous. We really don't have the funds to hire a lawyer and see what could be done. It would cost more for that then to pay the agreed upon amount.


I did rate you also.

Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the rating. You might be able to challenge the fact that it was a judgment issued against her while she was a child but, again, that would require a lawyer.

You may also want to check with Legal Aid in that area. I know that Georgetown used to have a good Legal Aid office.

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