Can I get my license back if I file Bankruptcy?
As Jacksonville Bankruptcy Attorneys, we see numerous clients with driver’s licenses suspended when they come in to our office. One collection firm in town is notorious for suspending driver’s licenses after obtaining a judgment. This can create a great personal hardship due to the inability to drive to work, for family or any other reasons. Additionally, criminal problems may result if you are pulled over while driving with a suspended license.
The first question people usually have when they come to see us is, “How can they do that?”. The answer is that Florida law allows the creditor to suspend your driver’s license. Florida Statute 324.121 provides that a creditor may apply for a license suspension as follows:
Florida Statute 324.121 Suspension of license and registration.—
(1) The department, upon the receipt of a certified copy of a judgment, as provided in s. 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.
Our office routinely provides the ability to recover your driver’s license by the filing of a Chapter 7 or Chapter 13 bankruptcy. Upon the filing of your case, the creditor is bound to release the suspension by the operation of the “automatic stay”. This stay goes into effect 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.
At Mickler & Mickler, we routinely stand up for client’s rights against creditor abuses. Whether its getting your license back after you have filed for bankruptcy or any other right that you are entitled to – our job is to make sure that you are given the full protection of the Bankruptcy Code. Our office has years of experience in handling abusive creditors and making sure that our client’s rights are protected.
Please contact us at 904.725.0822 or bkmickler@planlaw.com to schedule a free appointment to discuss
