QuestionHello,
I had a trial yesterday which has a decision pending regarding a subrogation judgement related to a car accident back in 2006 with no insurance. I was the defendant. If the plaintiff is awarded a judgment in a subrogation case against me what happens next? and how long it takes for the events to take place?
I live in Ontario, Canada.
- If a judgement is awarded and I do not pay, will my license remain suspended for ever?
- If my license is suspended, and I repay after few years and the plaintiff insurance company agrees to allow me to hold a license would the suspension on my record have adverse effect on obtaining insurance in future? e.g. higher premiums?
- Can I trade my license to a USA license without living in USA in order to avoid the suspension in Ontario or do this before judgement is awarded?
- Can I surrender my license to MTO (Ministry of Transportation, Canada) so that when the plaintiff tries to suspend my license it's non-existent? and I obtain it at a later date?
- If I trade my drivers license for a let's say New York drivers license, do they inform MTO (the Ontario version of DMV) that my Ontario license is surrendered and is no good anymore? If "yes" then the MTO won't be able to put a suspension on my license since there is not license?
- I read on DMV I think, that they shred licenses after 20 days but is there is a single system between NYC and Ontario that shares info of drivers licenses?
- Can I trade my Ontario Drivers license for a NYC one if I just visit for few days crossing border from Niagara Falls? or must I have some sort of a status in USA before I can trade or obtain a license from DMV
I guess, what I want to know is that if there is no license on records does MTO still put a suspension on a name without a license for future use? e.g. If I ever try to obtain a license in future?
Thanks a lot
AnswerHi Bruce,
I originally rejected your question since it is way out of my area of expertise, and I did not think I could be of any help to you. But then I read some bios of the other experts and it appears to me that not a one of us has any background to speak of in relationships between states and nations regarding drivers' licenses or license suspension issues.
We are all pretty much only concerned with insurance claims and the like. For example, Doctor Settlement is an expert on bodily injury insurance claims, but NOT on the topic of drivers' licenses. We take on cases that have injuries and fight for a good award; more junior attorneys will take on license issues. Does that make sense?
BUT, since my search did not show anyone among our experts who could have background in your areas of inquiry, and it looks like you are up against some urgent need for information, I thought that I will at least give you at least an hour of my time and you can go on from there. I DO have experience in collecting judgments so there is at least some hope I might be of some help, even if only on part of your questions. OK? Here we go, Bruce—I will answer in the order you asked.
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#1. "I had a trial yesterday which has a decision pending regarding a subrogation judgment related to a car accident back in 2006 with no insurance. I was the defendant. If the plaintiff is awarded a judgment in a subrogation case against me what happens next? and how long it takes for the events to take place? I live in Ontario, Canada."
ANSWER: There are FOUR consequences of entry of a judgment against you. The first is that it becomes an automatic lien versus any real property interests you may own within the province or state in which the judgment was entered. The second is that the judgment amount starts to bear interest at a rate specified by the provincial legislative assembly or the state legislature. The third consequence will be discussed below—that is the issue of possible suspension of your license.
The FOURTH consequence will be an effort to collect the judgment.
There are two main tools that can be used by a judgment creditor (JC) versus a judgment debtor (JD): garnishment of wages or bank accounts and the like; and attachment of assets.
In garnishment, the JC serves a court order on the employer of the JD or on the bank or other person who is holding assets of the JD or who owes the JD money. The court order will direct the person upon whom it is served to pay into the court registry the assets owed or the bank account balance, or, in the case of employment, to deduct a certain percentage (usually not more than 35%) of wages and to pay that into the registry of the court. The garnishment order can be made "continuing", so that it will apply to each wage period until the judgment PLUS interest is paid in full.
An attachment proceeding will result in the sheriff going to the JD and seizing named property and holding it for the JD. Another court order will allow the JC to sell the property via a sheriff's sale or privately, in a commercially reasonable manner. The proceeds of the sale go to pay off the costs of sale, the JC, and if any money remains, to the JD.
The JD could give a care about your license: they just want to collect some of the judgment. One could approach the JC and arrange for payments on the judgment, usually on a reduced sum. They do NOT want some battle in chasing down your assets. They will settle for a HUGE discount if you can give them an irrevocable assignment of your wages, for example.
Let's say that the judgment is for $10,000. If you had cash in hand, you could easily negotiate to satisfy the judgment upon payment of $4,000 to $5,000. If you have no such cash on hand, but instead a steady job, then you could negotiate to give them an irrevocable assignment of some of your wages. Here you would ask for a lower percentage of judgment interest upon payment of as large a sum as you could let go on a monthly basis. If you agreed to a monthly payment of $250, you could reduce the judgment amount to something like $6,000 to $7,000.
How will the JD know where you work and bank? Easy—the court has what is called "supplemental proceedings" in which you MUST answer under oath such questions regarding assets, debts owed to you, and your employment.
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#2. QUESTIONS & STRATEGY RE: LICENSE SUSPENSION
These CANNOT be answered since every province and state has its own set of laws on the topic of uninsured motorists. We generally call these the Financial Responsibility laws.
That is what I want you to research in your province. Find out the procedures for suspending your license and such as you are asking below. They will answer each question you asked, and you may do so anonymously.
Here is my impression of this part of your inquiry.
FIRST—look to the statutes and the Department of Financial Responsibility (DFR) rules and regulations regarding license suspension. Anything I put down you as follows must necessarily be only my best guess as to how it works.
AMONG those rules, see if there in not a time frame by which the victim must file its affidavit or proof of debt owed. In some states, for example, it must be done within 90 days of the accident. In other states it can be done within one year of the accident. I know of no state in which the affidavit to suspend the license could be filed as late as four years following the date of the accident.
So in many jurisdictions, there is no right at this late date to suspend your license. Your DFR can answer that issue via your anonymous phone call. Ask them the rest of your questions, since I have no idea of the rules in any particular province or state.
As for repayment arrangements, yes, those usually will hold in abeyance any trigger to suspend your license, pending your successful completion of the payment arrangements.
As noted above, not one of us has any idea of relationships among states and among states and provinces. Your own government is the place to learn that information.
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#3. " . . . would the suspension on my record have adverse effect on obtaining insurance in future? e.g. higher premiums?"
ANSWER: NO—the suspension in and of itself will not have the impact because it is the accident and its seriousness that will impact your premiums. You will be required to disclose all accidents when you do buy insurance. So you must list this accident on your insurance application form. Failure to disclose this accident and the judgment on your application will constitute a fraud, and make the insurance contract voidable, at the election of the insurance company.
OK, Bruce, that is about the extent of my knowledge on this issue. I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
