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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
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I am trying to get my license suspension lifted and from a

Customer Question

hi I am trying to get my license suspension lifted and from a wreck back in 2010 I looked up what my options are so I am looking at what my next steps are
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: this is what I show on the tx dps website for my requirements
Enforcement Actions Begin Date End Date Compliance Instructions
SR SUSPENSION - LIABILITY JUDGMENT 02/23/2011 12/31/9999
SR-22 and notarized Release OR
SR-22 and Court Approved Installment Agreement OR
Copy of Bankruptcy filing OR
Proof of insurance for date of accident and Form SR 13c OR
SR-22 and Evidence of Settlement OR
SR-22 and Judgment Creditor's Consent to Allow License and Registration (Form SR-84) OR
Certification of No Execution on Dormant Judgment (Form SR-88) after ten or more years have elapsed from original date of judgment OR
Apply for an occupational driver license
SR SUSPENSION - LIABILITY JUDGMENT 08/18/2010 12/31/9999
SR-22 and notarized Release OR
SR-22 and Court Approved Installment Agreement OR
Copy of Bankruptcy filing OR
Proof of insurance for date of accident and Form SR 13c OR
SR-22 and Evidence of Settlement OR
SR-22 and Judgment Creditor's Consent to Allow License and Registration (Form SR-84) OR
Certification of No Execution on Dormant Judgment (Form SR-88) after ten or more years have elapsed from original date of judgment OR
Apply for an occupational driver license
JA: Is there anything else important you think the Lawyer should know?
Customer: I had a civil suite apparently against me but it was during my divorce and my ex received the court notice at our home during the time I was in and out of our home due to the separation
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Customer: when I got in the wreck I gave them my insurance and I received no tickets at the time of the wreck my ex paid the insurance policy and altough it showed we were covered on my card we apparently no longer had coverage
Submitted: 6 months ago.
Category: Legal
Expert:  Legalease replied 6 months ago.
Hello there ---I am a little bit confused and hope you can answer some clarifying questions for me?-What you are seeing when you enter into the Texas website is the various ways that you can take care of the matter and clear up the case with the court. Can you tell me what the final disposition of the civil lawsuit was in this matter? Did you have auto insurance that paid off OR did the people in the other car bring a lawsuit against you that later you defaulted on (failed to appear?) -MARY
Customer: replied 6 months ago.
failed to appear
Customer: replied 6 months ago.
there are two not sure why as there was only one accident and I did not receive a ticket at the scene I didn't realize I was being sued until after the court date I was going through a separation at the time and my ex was being very petty about telling he had signed for these documents saying I needed to appear.
Expert:  Legalease replied 6 months ago.
Hello again ---Do you have insurance coverage for the accident or are they simply suing you personally to try to see what they can get out of you because there was no insurance coverage for the accident,-MARY
Customer: replied 6 months ago.
civil suit to see what they can get out of me for the accident.
Expert:  Legalease replied 6 months ago.
Hello again ---From the notations on the Texas website, it appears that they have a default judgment against you for failure to appear and as such, they are either looking to collect on the Judgement or they are taking steps to collect on the judgment (they can get a garnishment of wages and bank accounts court order very quickly and without your involvement or participation in the matter -- however, they DO have to notify you of such an action taken against you and they have to summons you to court for a "Financial Examination of the Debtor" -- which requires that you disclose all of your financial information to the judge and the judge then makes a determination regarding whether or not you can pay such a judgment and if so, the judge will generally start with you making payments to the Judgement Creditor and then if you fail to make the payments, the judge will then permit the wage and/or bank garnishment). If you are served with such paperwork to appear at a hearing I do recommend that you appear and try to work something out with them as far as payments go, because if you fail to appear the court WILL permit your wages to be garnished and may also permit your bank accounts to be garnished without your approval, input or participation in the matter).-The requirements for you to get your license reinstated are all revolving around this accident and the fact that the matter needs to be resolved before your license can be reinstated. In addition to resolving the lawsuit, you also need to present a form SR 22 from your auto insurance company which is currently active and effective going forward in these matters. AN SR 22 is basically a form of a "BOND" that you purchase separately from your car insurance from the company and the insurance company Posts the "BOND" with the state of Texas to insure that you have insurance coverage for the personal injury to other people that may occur in the FUTURE. The SR 22 insurance bond can be expensive, ranging in price between $500 to $1500 per year on top of the price that you pay for your regular auto insurance. -So, Texas is seeking an SR 22 insurance BOND from you as part of the requirements to have your license reinstated. That is a requirement in addition to every other item listed on the internet for Texas. You are required to show the proof that you have taken care of the prior judgment against you and to do that you either need (A) NOTARIZED RELEASE: a release from the creditor showing that they are satisfied; OR (B) COURT APPROvED INSTALLMENT AGREEMENT -- a payment agreement entered into by you through the civil court in order to show you are making payments on the judgment; OR (C) BANKRUPTCY -- Proof that you have filed for a chapter 7 bankruptcy in order to wipe out all debts and judgments against you; OR (D) PROOF OF INSURANCE -- If you actually had insurance coverage on the date of the accident and for some reason it was not properly billed and the creditor plaintiff can now bill the insurance company to cover these issues; OR (E) SETTLEMENT -- Proof that you offered settlement of the claim to the plaintiff creditor and they accepted; OR (F) PLAINTIFF's CONSENT -- you can actually seek the consent of the plaintiff creditor who has a judgment against you and if they permit you to have the license, then the court will seek FOrm SR 84 completed by them and you; OR (G) FORM SR 88 -- if the judgment has been in place for 10 years and it has not been collected on then you can apply for a license using this SR 88 form to show the court that no action has taken place on the claim in 10 years or more; OR (H) HARDSHIP LICENSE - if all else fails and you cannot pay the judgment and the plaintiff creditor refuses to release the claim or give you permission to drive again. -Overall, if you do not have the funds to pay off the judgment and you cannot file for bankruptcy then my suggestion is that you apply for the Hardship License in your state. There are certain requirements to be able to get such a license. Here is the application form for Texas which must be handled through the Texas dept of public safety -- https://www.dps.texas.gov/internetforms/Forms/DL-77.pdfIn addition to these forms you must also arrange to purchse the SR 22 form from your auto insurance company and file that form with the Texas DMV or Dept of Public Safety.-I hope that all of this helps to at least clear up your understanding of what you have to do to either have a regular license reinstated or a hardship license granted to you in Texas after the car accident you were involved in. Please let me know if you have any further questions on this matter. If not, can you please press a positive rating above in the ratings section so that I will be paid for my time assisting you? Pressing the middle star or the fourth or fifth star to the right of the middle star each register as a positive rating, insuring that I will be paid and credited for the time spent assisting you . THANK YOU VERY MUCH !!! MARY