Philadelphia, PA asked in Bankruptcy and Small Claims for Pennsylvania

Q: If I have a small claims judgement in FL, can FL suspend my PA driving license ?

Related Topics:
2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Most likely no in most instances.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: The moment you file for bankruptcy relief, an automatic stay is issued against any creditor's attempt to collect a debt, and that applies generally to state and local governments as well.

If, as it appears, you are now a PA resident, you are required to have a PA driver's license, and you should apply for one without further delay. If memory serves, you have sixty days to get a PA license in order to drive in PA. If your application is denied by PA and you are in bankruptcy, file a motion with the bankruptcy court, effectively alleging that PA, by its refusal to process your DL application, is forcing you to pay a prepetition debt.

As always, confer with experienced PA bankruptcy counsel about your issues.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.