2 Del. Admin. Code § 2280 – Reinstatement After Non-payment of Judgment (Formerly Reg. No. 82)

Title 2 Transportation

Vehicle Services

2280 Reinstatement After Non-payment of Judgment (Formerly Reg. No. 82)

21 Del.C. §.2942(d) states the following:

"(d) In the event that a person has had his license and registration suspended for nonpayment of a judgment under this section, the Department after the lapse of 10 years from the entry of the judgment may issue a new license provided that such person shall have produced proof of liability insurance coverage or other evidence of financial responsibility in an amount and of such character as shall be satisfactory to the Secretary of Public Safety."

1.0 Requirements for Reinstatement

Prior to reinstatement under the provisions of Section 2942(d) the Division shall require the following:

1.1 Proof of liability insurance on every motor vehicle owned or co owned by the applicant, with said insurance being valid for at least twelve (12) months. This proof shall be in the form of a letter from the insurance company or agent on their letterhead.
1.2 The driving record of the applicant shall be free of any violations during the immediate past five (5) years.
1.3 Notice shall be given to the party who filed the judgment that the Division is considering the reinstatement of the person's driving privileges allowing 14 days for a response. The Division shall give consideration to the response in the following ways:
1. 1.3.1 Did the applicant make any attempt to satisfy the judgment?
2. 1.3.2 Is the party planning to renew the judgment?
3. 1.3.3 If no response is received, requirement Number 3 is null and void.
4. 1.3.4 If the applicant made no attempt to pay any amount on the judgment, and if the party filing the judgment still has interest in retaining the judgment, the reinstatement shall be denied.

2.0 Reinstatement Denied

If any reinstatement is denied, the applicant may request a hearing with the Division of Motor Vehicles. Such request must be accompanied with documentation showing why no effort has been made to make payments on the judgment in accordance with the provisions of21Del.C.§2944.