Current through Register Vol. XLI, No. 49, December 6, 2024
Section 91-5-17 - Suspension Following Notice of Nonpayment of Financial Responsibility Judgments17.1. Statutory Provisions. - W.Va. Code § 17D-4-3 et seq. authorizes the commissioner to suspend the license and registration of any person who has failed within thirty (30) days to satisfy a judgment, as defined in W.Va. Code § 17D-4-3(a), rendered against them.17.2. Determination of Judgment Applicability and Request for Suspension. - Pursuant to W.Va. Code §§ 17D-4-4 and 17D-4-5, in addition to the certified copy of the judgment sent by the court in which the judgment was rendered, the clerk must submit a form prescribed by the commissioner asserting the provided judgment is not more than ten years old, and therefore enforceable under W.Va. Code § 38-3-1, et seq., meets the definition provided in W.Va. Code § 17D-4-3(a), notating the total payment amount credited upon such judgment to date pursuant to W.Va. Code § 17D-4-7, and providing sufficient information for the Commissioner to identify the judgment debtor. Subrogation claims are not considered judgments under W.Va. Code § 17D-4-3(a).17.3. Default on Court-Ordered Payment Plan. - If a debtor has been granted an installment payment plan by the court and the debtor fails to make payment, the Commissioner shall suspend the license, registration, or nonresident operating privilege upon notice of such default from the clerk on a form prescribed by the Commissioner.17.4. Penalty and Reinstatement Fee. - The licensee or registrant shall pay the fees as set forth in W.Va. Code §§ 17A-2-3, 17A-9-7 and 17B-3-9. The provisions of W.Va. Code § 17A-9-7 also provide for an additional service order fee if the State Police is ordered to secure the suspended licenses or registrations.17.5. Reinstatement of Operating Privilege. - In addition to payment of fees in accordance with Section 17.4 of these rules, the commissioner must also be in receipt of one of the following before the judgment debtor's license, registration, or nonresident operating privileges are restored: 17.5.a. Consent of the judgment creditor or their representative, dated and in writing, that the judgment debtor be allowed license and registration or nonresident operating privilege. Such consent shall be good for six months from the date listed on the consent and thereafter, unless consent is revoked pursuant to W.Va. Code § 17D-4-5(b) and a new request for suspension is initiated in accordance with Section 17.2 of these rules.17.5.b. Proof that the judgment has been sufficiently satisfied in accordance with W.Va. Code § 17D-4-7.17.5.c. Proof of a court-ordered payment plan or compliance thereto, pursuant to W.Va. Code § 17D-4-8, sent by the court in which the judgment was rendered.17.5.d. Proof of a discharge in bankruptcy in which the judgment creditor is identified.17.5.e. The passage of ten years since the date of the judgment or its most recent execution supplied to the Division, with a signed sworn statement from the debtor on a form designated by the commissioner for that purpose, that there has been no renewal of the judgment and the most recent execution of said judgment is over ten years old.