Ill. Admin. Code tit. 92 § 1070.50

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1070.50 - Failure to Satisfy Judgment

a) For purposes of this Section, the following definitions shall apply:

"Department" - Department of Driver Services within the Office of the Secretary of State.

"Foreign Judgment" - means any judgment, decree or order of the court of the United States or of any State or Territory which is entitled to full faith and credit in this state as provided in Section 12-601(a) of the Uniform Enforcement of Foreign Judgments Act. (Ill. Rev. Stat. 1987, ch. 110, par. 12-601(a).)

"Illinois Insurance Guarantee Fund" - section of the Illinois Department of Insurance which deals with disposition of assets following bankruptcy.

"Judgment Debtor" - person who owes money to someone due to court judgment against him/her.

"Secretary of State" - Secretary of State of Illinois.

b) The Secretary of State shall not suspend the driver's license, registration certificates, registration stickers or license plates of a judgment debtor if the conditions set forth in Section 7-303(d) of the Illinois Safety Responsibility Law of the Illinois Vehicle Code and subsections (c) and (d) of this Section have been met.

c) The Department shall accept notification from the Illinois Insurance Guarantee Fund as proof that the judgment debtor was insured by the defunct insurance company at the time of the accident.

d) The Department shall accept a copy of the new policy or letter from the home office of the judgment debtor's new insurance company as proof to establish that in fact the judgment debtor has secured a new liability policy or bond.

e) The Secretary through the Department shall suspend the driving privileges and any vehicle registration of all drivers who have not satisfied a judgment rendered against them as provided in Sections 7-303 and 7-313 of the Illinois Safety Responsibility Law of the Illinois Vehicle Code.

f) The Secretary of State shall suspend a person's driving privileges for failure to satisfy a foreign judgment as provided in Section 7-303 of the Illinois Safety Responsibility Law of the Illinois Vehicle Code. The state in which the foreign judgment was entered shall forward the following information to the Secretary before a suspension will be entered on a person's driving record:

1) a transcript of the proceeding or an unsatisfied judgment form certified by the court entering the judgment, and

2) a suspension notice showing the person is suspended in the order state, and

3) name, address, and date of birth of defendant.

Ill. Admin. Code tit. 92, § 1070.50

Amended at 14 Ill. Reg. 10107, effective June 12, 1990