Legal Question in Civil Litigation in Illinois
need help with getting my driver's license back
I am trying to get my driver's licence back after it was suspended in (I belive) 1993, in which I was involved in an accident, and I wasn't covered by insurance. I checked on the Secretary of State's website, which provided me with an affadavit to fill out stating that I have not been subject to litigation involving this accident, and to the best of my knowledege I haven't, but how can I make sure befor I sign an affadavidt?
I tried checking court records online, but got nowhere, and any other resources wanted to charge for background checks. As the mother of a new baby, I'm trying to find a way that won't cost an arm and a leg. Thanks.
2 Answers from Attorneys
Re: need help with getting my driver's license back
If you have not been served with a summons, and you do not actually know of any such litigation, and since it has been so long (the statute of limitations ran at the latest in 1997, unless a potential plaintiff was a minor) I think it is safe to sign the affidavit. By swearing to something you are not guaranteeing it is true, but rather stating that it is true to the best of your knowledge.
Re: need help with getting my driver's license back
If you had been sued over this accident, you probably would have been served with a summons and complaint. Since you have not, you have no reason to believe you�ve been sued. When you sign the affidavit you are swearing to the truth as you know it. If you are incorrect, it�s not perjury because you reasonably believed you had not been sued.
If you want to make a further check on whether you were sued, inquire of the clerk of the county circuit court where you lived at the time, and also the county where the accident occurred.
Finally, you must be aware that to drive on the highways in the State of Illinois, you must have auto insurance.
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