Posted on May 27, 2010

Prior to January 16, 2010, if you owed motor vehicle surcharges for a conviction like drunk driving, failed to pay them, and as a result had your driver's license suspended, you would be assessed an additional $3,000 fine.  Even worse, this liability for the fine would be automatically reduced to a judgment against you until you paid it in full.  What's worse, judgments like these can also act as liens against real estate.  However, the New Jersey legislature has repealed this law, thus freeing drivers from an additional, rather onerous, burden to getting their licenses restored.  If you have been assessed this fine since January 16th, you should  talk to an attorney and move for a sentence reconsideration.

This change in the law is also very important to people who are filing a chapter 13 bankruptcy in order to pay surcharges and get their licenses restored.  Fines are treated differently under the law than surcharges, and can be more difficult to address.   Thus this repeal makes that process much easier.  If you are contemplating filing for bankruptcy to get your license restored, contact my office about this; it can make a big difference.

Steven J. Richardson
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Bankruptcy, Collections, Student Loan, DUI and Traffic Court attorney in Woodbury, NJ.

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