Iowa Code 321A.13 – Suspension for nonpayment of judgments — exceptions
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1. The department upon receipt of a certified copy of a judgment, shall forthwith suspend the license and registration and any nonresident‘s operating privilege of any person against whom such judgment was rendered, except as hereinafter otherwise provided in this section and in section 321A.16.
Terms Used In Iowa Code 321A.13
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Department: means the state department of transportation. See Iowa Code 321H.2
- Department: means the state department of transportation. See Iowa Code 321A.1
- Judgment: means a judgment which has become final by expiration without appeal during the time within which an appeal might have been perfected, or a judgment if an appeal from the judgment has been perfected, which has not been stayed by the execution, filing, and approval of a bond as provided in rule of Iowa Code 321A.1
- License: means a driver's license as defined in section 321. See Iowa Code 321A.1
- Nonresident: means a person who is not a resident of this state. See Iowa Code 321I.1
- Nonresident: means every person who is not a resident of this state. See Iowa Code 321A.1
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- Person: means every natural person, firm, partnership, association, or corporation. See Iowa Code 321A.1
- Proof of financial responsibility: means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amount of twenty thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, the amount of forty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and the amount of fifteen thousand dollars because of injury to or destruction of property of others in any one accident. See Iowa Code 321A.1
- Registration: means a registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles. See Iowa Code 321A.1
2. If the judgment creditor consents in writing, in such form as the department may prescribe, that the judgment debtor be allowed license and registration or nonresident‘s operating privilege, the same may be allowed by the department, in the department’s discretion, for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment, or of any installments thereof prescribed in section 321A.16, provided the judgment debtor furnishes proof of financial responsibility.
3. Any person whose license, registration, or nonresident’s operating privilege has been suspended or is about to be suspended or shall become subject to suspension under the provisions of section 321A.12, this section, and sections 321A.14 through 321A.29 may be relieved from the effect of the judgment as prescribed in those sections by filing with the department an affidavit stating that at the time of the accident upon which the judgment has been rendered the affiant was insured, that the insurer is liable to pay the judgment, and the reason, if known, why the insurance company has not paid such judgment. Such a person shall also file the original policy of insurance or a certified copy thereof, if available, and such other documents as the department may require to show that the loss, injury, or damage for which the judgment was rendered, was covered by the policy of insurance. If the department is satisfied that the insurer was authorized to issue the policy of insurance at the time and place of issuing the policy and that the insurer is liable to pay the judgment, at least to the extent and for the amounts required in this chapter, the department shall not suspend the person’s license or registration or nonresident’s operating privilege or, if already suspended, shall reinstate them.