Visitor Question

How can I get a court judgment dismissed?

Submitted By: Elizabeth (Mississippi)

In Mississippi, approximately 7 years ago, my son’s fiance (who was 17 years old at the time), was driving on a narrow dirt road (not even two lanes), in a friend’s vehicle. Another car was approaching and they collided. No one was hurt.

The police were called and the officer did NOT give either one a ticket. The person’s vehicle that my son’s fiance was driving came to the scene with his insurance card, the other driver produced his.

Later,the insurance company of the other driver she had collided with sent her a court order to appear for this accident at her mother’s house, where she lived. This happened twice.

Both times her mother never told her (she was still 17 years old at the time). Needless to say, she did Not show up for court and a judgment was issued against her for a sum of $10,000 dollars. She had to start making payments of $150 a month and when she can not (due to loss of job), her driver’s license is revoked.

What can she do to get this dismissed? Thank you for your time!

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Elizabeth,

Elizabeth:

Inasmuch as 7 years have passed since the judgment was taken against your son’s fiancé there is little legal recourse for her. You asked if the judgment against her can be dismissed… There is a way, but it takes some explanation.

Seven years ago the Mississippi Department of Public Safety confirmed and agreed with the judgment and resulting payment plan your son’s fiancé entered into. In essence they gave their “blessing” to the payment plan, which if followed would have allowed her to maintain her drivers license.

As a result of her defaulting on the payment plan her license was suspended pursuant to the Mississipi Traffic Code.

There are two ways in which she can regain her license and driving privileges. Doing any of the following will result in a dismissal of the judgment.

The first: In Mississippi a civil judgment is only good for 10 years. After the tenth year the judgment will be dismissed. Once dismissed she will be able to reapply for her drivers license, and barring any other legal problems, her license should be renewed without any problems.

The Second: If she doesn’t want to wait that long she can seek the advice of a Bankruptcy Attorney. There are different types of Bankruptcy and we suspect hers would be a Chapter 13.

Once discharged in Bankruptcy the judgment against her would be released as well.

She can then take a certified copy of the Bankruptcy Discharge Order with her to DPS when she applies for a renewal of her driver’s license.

Again, barring any other legal restrictions she should be able to renew her license without any problems.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 10, 2011

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One thought on “How can I get a court judgment dismissed?

  1. Hi I have a very similar situation. My accident happened in WV. My question is: Does the 10 years apply to the state of WV also?

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