Solomita Law, PLLC
Solomita Law, PLLC
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    Orlando, FL 32826
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Can Bankruptcy Stop A Florida License Suspension From Unpaid Parking Tickets?

  • By: Alec Solomita, Esq.

Gavel over parking tickets and toy car for Florida bankruptcy and license suspension law.In this article, you will discover:

  • Whether you can discharge parking tickets, traffic citations or toll violations through bankruptcy.
  • Whether filing for bankruptcy can reverse a driver’s license suspension due to unpaid tickets.
  • Whether bankruptcy will resolve license suspensions related to insurance lapses or other financial issues.

Are Unpaid Parking Tickets, Traffic Citations, Or Toll Violations Dischargeable In A Bankruptcy Case?

Potentially. In any event, I will list them as debts and file all necessary documentation so that the parking authority or the traffic court receives notice.

When you’re facing a toll violation, there are specific steps you must take beyond what you would typically do in a bankruptcy. You will have to go through your own process of showing that the debts have been discharged once the case closes, by sending that information to various email addresses.

This will be your job, however, and is not something that I will handle for you. My job is to list the debts and to notify the creditors, not to follow up.

Make sure you follow up. If parking enforcement, the traffic court or FDOT still wants money after the case closes, I recommend that you pay. These violations are criminal-based, and failure to pay can result in loss of your license.

Many people’s licenses are already suspended when they file for bankruptcy. Once they have the discharge, they can go to the DMV and get what they need, which means the state recognizes the bankruptcy.

In most cases, civil traffic violations are dischargeable. If the debt falls under criminal traffic violations, it might also be dischargeable, but it’s best not to take any chances.

Can Filing Bankruptcy Stop A Driver’s License Suspension Caused By Unpaid Tickets?

Yes, the most common reason is an insurance issue, whether you were sued for an accident or you didn’t have proper insurance. Many people file for bankruptcy to get their licenses back, and sometimes they do. It depends on which DMV you go to or which person you talk to.

Other times, the DMV won’t cooperate with you until they see proof that the debt was discharged, which happens at the end of the case.

How Quickly Can I Get My Florida Driver’s License Reinstated After Filing Bankruptcy?

It depends on who you speak to at the DMV. Technically, the DMV is supposed to reinstate your license.

However, you may go to the DMV with proof of the bankruptcy, but you may also be asked for the discharge. If you don’t have it, you may be asked to come back when you do. The best strategy in this situation is to talk to somebody else at the DMV.

Your attorney’s job is to ensure that creditors are notified and file any necessary paperwork in the case. Going to the DMV is on you. You’ll either get your license back immediately when you go to the DMV or when the case is discharged.

What Happens To The Interest, Penalties, And Collection Fees On My Unpaid Parking Tickets Or Tolls Tickets?

If the debt is discharged and FDOT or the parking authority accepts the bankruptcy information, you’ll be fine. If they say the debt is not dischargeable, then you’d have another issue. However, unpaid tolls are part of the amount discharged.

Will A Bankruptcy Filing Help Resolve Suspensions Related To Insurance Lapses Or Other Financial Responsibility Issues?

Suppose a parent is insured, their child gets into an accident, and the parent doesn’t have the proper coverage. The parent is sued because somebody was injured, but the insurance company won’t cover it. If there is a judgment and the license is suspended as a result of the unpaid judgment, the bankruptcy will get rid of that.

Bankruptcy is a helpful option if your license has been suspended due to lapses in insurance or financial reasons. However, if your license was suspended for a criminal charge, such as drunk driving, filing for bankruptcy won’t make a difference. If it’s a civil matter or financially based, it will make a difference.

Can Clients Come To You With A Criminal Situation?

No, people don’t call me for criminal matters. When a client reaches out to me, it’s because there’s a financial impact resulting from the criminal issue.

Perhaps they were arrested for a DUI, lost their job and needed to file bankruptcy. Maybe they had a legal issue, maxed out their credit cards to pay for attorney fees, and now need to file for bankruptcy. If this is the situation you find yourself in, please feel free to reach out to me.

Still Have Questions? Ready To Get Started?

For more information on bankruptcy and Florida license suspension, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 255-7458 today.

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