West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-05 - Denial, Suspension, Revocation, Disqualification, Restriction, Nonrenewal, Cancellation, Administrative appeals and Reinstatement of Motor Vehicle Operating Privileges › Section 91-5-17 - Suspension Following Notice of Nonpayment of Financial Responsibility Judgments

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. 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.