| (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. (b) 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 Order. (e) To lift the suspension, the judgment debtor must submit one of the following compliance items: (1) a release as stated in §25.2(c)(3) 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 (4) a 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). (g) 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 proceedings. (h) If a suspension is withdrawn by the filing of form SR-84 (Judgment Creditor's Consent to Allow Licensing), the driving privileges can be suspended again after 6 months by filing form SR-85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 installment agreement. (j) If a 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. |
