Legal Question in Credit and Debt Law in California
I have a question about what constitutes a �tort claim as a result of a motor vehicle accident.� I refer to this specific term because it is used on California DMV Form DL-30, �Certificate of Facts RE Unsatisfied Judgment�.
In 1995, I obtained a Mediated Agreement for about $3800 for damages to my personal property resulting from an auto accident. A kid on drugs drove his truck through my house in Davis CA. After 20 years, with interest it�s worth about $12K. The accident happened in Yolo County, judgment was final 18May1995, and the judgment was from Yolo County Superior Court, Small Claims.
The defendant was ordered in writing, by Community Mediation Service (23 Russell Blvd., Davis CA, 530-757-5623) to pay the judgment in installments.
Because defendant failed to make more than one payment (total of $60), I now want to file a Cal DMV Form DL30 and get his California Drivers License revoked until he pays me what he owes me.
***** My question is, the Yolo Clerk is apparently saying the �Mediated Agreement� is not a �tort claim as a result of a motor vehicle accident�.
What gives? I can�t ask the Yolo Clerk, because they won�t answer any questions.
Do I have a judgment or not? Is this Mediated Agreement going to support (1) revoking his driver license, and (2) other collection actions?
I would be grateful for your input.
Thank you,
Steve Ferry
1 Answer from Attorneys
An agreement is not a judgment. So while you did, indeed, have a "tort claim as a result of a motor vehicle accident," a Mediated Agreement or an order from Community Mediation Services is not a judgment.
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