Legal Question in Credit and Debt Law in California
I just got a job that pays well. I have a restatotion payment of $6000 to make that went into collections. The collection company wont release my drivers lic. until I pay them all the money, I cant pay them if I cant drive for my job.
HELP
Thanks Mark
1 Answer from Attorneys
I am not sure what a "restatotion" payment is but I think you mean a "restitution" payment. If that was imposed by the court in connection with a criminal case such as a DUI, no drivers license or suspended license or no insurance, etc. and it is a condition of probation, then you will probably not be able to discharge it in bankruptcy. A traffic citation is a criminal case even if just an infraction or a misdemeanor. However, there are exceptions and you need to go see a bankruptcy attorney and take the court order if there is. If no court order in a criminal case which is part of the terms of your sentence, then it is not a restitution order and is probably dischargeable and you can get your drivers license back unless your license is suspended or revoked by a court of law for some other reason not related to the debt.