Legal Question in Traffic Law in New Jersey

DMV Insurance Surcharge error from 16 yrs ago

In 1985 or 86, I was involved in a minor auto accident. The other driver was at fault. I was a NJ resident at the time and I produced my temp insurance card for the police. Some months later I rec'd a notice that my license had been suspended for failing to provide proof of insurance. When I inquired I was told that I had failed to respond to a written request to send a copy of my permanent insurance card. I never received this request.

They informed me that the REASON why my license had been revoked was now irrelevent. The only way to get it back was to pay a $100 fee. There was no avenue for appeal. Since I was planning on moving out of state anyway, I didn't pay the fee.

I heard nothing more about this for about 16 yrs. but a few months ago I began receiving letters from the NJ Treasury Dept. demanding close to $1,500 (interest).

The letters threaten:

1. Continued License suspension-(Don't care unless this could affect my NH license).

2. Garnishment of wages.

3. Ruining my credit.

4. Real estate lien.

Should I worry about this? and if so, what can I do short of hiring an attorney?


Asked on 10/07/02, 1:43 pm

1 Answer from Attorneys
Evan Levow Lutz, Levow & Costello, P.A.

Re: DMV Insurance Surcharge error from 16 yrs ago

Yes, you should worry about it in the sense of taking care of it, since if you don't all of those things you mentioned are possible, as well as additional loss of license by your home state.

It is unfortunate, and wrong by NJ if the basis was improper. Unfortunately, it probably is not worth your while to hire an attorney to deal with this, since that could cost almost as much as your balance.

My suggestion is, contact the collection service, advise them of this (again) and offer to pay the original $100.00 only. They may take that.

If you would rather fight the good fight, please call me. I am more than eager!

888-777-0455

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Answered on 10/08/02, 5:23 am


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