2019 California Code
Code of Civil Procedure - CCP
PART 1 - OF COURTS OF JUSTICE
TITLE 1 - ORGANIZATION AND JURISDICTION
CHAPTER 5.5 - Small Claims Court
ARTICLE 8 - Satisfaction and Enforcement of Judgment
Section 116.880.
(a) If the judgment (1) was for one thousand dollars ($1,000) or less, (2) resulted from a motor vehicle accident occurring on a California highway caused by the defendant’s operation of a motor vehicle, and (3) has remained unsatisfied for more than 90 days after the judgment became final, the judgment creditor may file with the Department of Motor Vehicles a notice requesting a suspension of the judgment debtor’s privilege to operate a motor vehicle.
(b) The notice shall state that the judgment has not been satisfied, and shall be accompanied by (1) a fee set by the department, (2) the judgment of the court determining that the judgment resulted from a motor vehicle accident occurring on a California highway caused by the judgment debtor’s operation of a motor vehicle, and (3) a declaration that the judgment has not been satisfied. The fee shall be used by the department to finance the costs of administering this section and shall not exceed the department’s actual costs.
(c) Upon receipt of a notice, the department shall attempt to notify the judgment debtor by telephone, if possible, otherwise by certified mail, that the judgment debtor’s privilege to operate a motor vehicle will be suspended for a period of 90 days, beginning 20 days after receipt of notice by the department from the judgment creditor, unless satisfactory proof, as provided in subdivision (e), is provided to the department before that date.
(d) At the time the notice is filed, the department shall give the judgment creditor a copy of the notice that indicates the filing fee paid by the judgment creditor, and includes a space to be signed by the judgment creditor acknowledging payment of the judgment by the judgment debtor. The judgment creditor shall mail or deliver a signed copy of the acknowledgment to the judgment debtor once the judgment is satisfied.
(e) The department shall terminate the suspension, or the suspension proceedings, upon the occurrence of one or more of the following:
(1) Receipt of proof that the judgment has been satisfied, either (A) by a copy of the notice required by this section signed by the judgment creditor acknowledging satisfaction of the judgment, or (B) by a declaration of the judgment debtor stating that the judgment has been satisfied.
(2) Receipt of proof that the judgment debtor is complying with a court-ordered payment schedule.
(3) Proof that the judgment debtor had insurance covering the accident sufficient to satisfy the judgment.
(4) A deposit with the department of the amount of the unsatisfied judgment, if the judgment debtor presents proof, satisfactory to the department, of inability to locate the judgment creditor.
(5) At the end of 90 days.
(f) If the suspension has been terminated under subdivision (e), the action is final and shall not be reinstituted. If the suspension is terminated, Section 14904 of the Vehicle Code shall apply. Money deposited with the department under this section shall be handled in the same manner as money deposited under paragraph (4) of subdivision (a) of Section 16377 of the Vehicle Code.
(g) A public agency is not liable for an injury caused by the suspension, termination of suspension, or the failure to suspend a person’s privilege to operate a motor vehicle as authorized by this section.
(h) This section shall become operative on January 1, 2017.
(Repealed (in Sec. 3) and added by Stats. 2015, Ch. 451, Sec. 4. (SB 491) Effective January 1, 2016. Section operative January 1, 2017, by its own provisions.)
