Can I get my Florida Driver’s License back if I file Bankruptcy?
As Bankruptcy Attorneys, we see many people with a suspended driver’s license when they come in to our office. We know there are collection firms right here in Jacksonville who suspend driver’s licenses after obtaining a judgment. This creates a tremendous problem if you can’t drive to work. In addition, criminal charges may result if you are pulled over while driving with a suspended license.
How can a creditor get your Driver’s License suspended? Florida allows it, specifically Florida Statute 324.121 provides that a creditor may apply for a license suspension as follows:
Suspension of license and registration.— Florida Statute 324.121
The department, upon the receipt of a certified copy of a judgment, as provided in s. (1) 324.111, shall forthwith suspend the license and registration and any nonresident’s operating privilege of any person against whom such judgment was rendered, except as hereinafter otherwise provided in this section, and in s. 324.141.
The attorneys at Sacks & Sacks regularly recover driver’s licenses by filing a Chapter 7 or Chapter 13 bankruptcy. Upon the filing of your case, the creditor must release the suspension by the operation of the “automatic stay.” This stay goes into effect immediately upon the filing of the case and is the main protection from creditor harassment until your case has been completed and a discharge entered. If the creditor fails to release the suspension, you may have the right to sanction the creditor for violating the automatic stay. In such a case, you would be entitled to recover actual damages (such as taxi costs and lost wages), attorney’s fees and costs. You may also be entitled to punitive damages if the actions of the creditor were sufficient for the Judge to award such damages.
Whether its getting your Driver’s License back after you have filed for bankruptcy or any other right that you are entitled to, the attorneys at Sacks & Sacks make sure that you take full advantage of the protection available under the Bankruptcy Code. Our office has years of experience in handling abusive creditors and making sure that your rights are protected.