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


Asked on 2/17/11, 12:48 pm

1 Answer from Attorneys

Tony Carballo Carballo Law Offices

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.

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Answered on 2/17/11, 1:13 pm


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