Iowa Admin. Code r. 761-640.5

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 761-640.5 - Judgments

A suspension of license and registrations is required under Iowa Code section 321A.13 when the department receives from the clerk of court a certification of judgment which has remained unsatisfied for at least 60 days pursuant to Iowa Code section 321A.12. Form 431126, "Certification of Judgment," may be used by the clerk of court to report a certified judgment to the department.

(1)Suspension. The suspension becomes effective on the date the suspension notice is served pursuant to rule 761-615.37 (321). The notice shall inform the person that the privilege to operate and register motor vehicles in Iowa is suspended until the judgment is satisfied and proof of financial responsibility is shown. The duration of the suspension is provided in Iowa Code section 321A.14. When the suspension ends, the department shall issue to the person a notice terminating the suspension.

(2)Suspension-exceptions. A person who qualifies for an exception under Iowa Code section 321A.13, 321A.14 or 321A.16 must submit proof to the department at the address in subrule 640.1(3) that the person qualifies for the applicable exception in one of the following ways:

a.Creditor's consent. To qualify for this exception, the judgment debtor must obtain written consent from the judgment creditor for issuance of the debtor's license and registrations while paying the judgment. If this consent is withdrawn, a new suspension is required in accordance with subrule 640.5(1).

b.Satisfaction of judgment. To qualify for this exception, the judgment debtor must submit a certificate of satisfaction or receipt for payment of the judgment from the clerk of court.

c.Bankruptcy. To qualify for this exception, the judgment debtor must submit a copy of the decree for bankruptcy which includes the judgment debt.

d.Court order for installment payments. To qualify for this exception, the judgment debtor must submit a court order authorizing payment of the judgment in installments. Anew suspension, as provided in subrule 640.5(1), is required when the department receives notice of a default in the payments. The default suspension shall continue until the judgment is satisfied or anew court order authorizing payment of the judgment in installations is received.

e.Insurance coverage exception. To qualify for this exception, the judgment debtor who held effective liability insurance coverage at the time of the accident from which the judgment was rendered shall submit a copy of the insurance policy and a letter from the insurance carrier confirming that the insurance carrier was authorized to issue liability insurance, that the insurance carrier did provide coverage for the debtor in amounts required by the financial responsibility law, and the reason why the insurance carrier has not paid such judgment.

This rule is intended to implement Iowa Code sections 321A.12 to 321A.29 and 321A.31.

Iowa Admin. Code r. 761-640.5

Amended by IAB December 4, 2019/Volume XLII, Number 12, effective 1/8/2020

Amended by IAB May 3, 2023/Volume XLV, Number 22, effective 6/7/2023