Several months ago I left my truck with a mechanic to do some work. This mechanic damaged the paint on the truck so I had to sue him in small claims court for the cost of the paint. ($1600) I won my case, and sent a demand letter requesting payment. My demand letter was ignored.
I have read that if a judgement debtor does not pay within 60 days, their drivers license can be suspended if the judgement was part of a "motor vehicle accident".
My question is, was this a "motor vehicle accident"? My motor vehicle was accidentally damaged, but not on a public road, and not while anybody was driving.
It is an interesting interpretation of 'motor vehicle accident.' And I am not aware of a general statutory definition in the OR Vehicle Code.
However,if you look at the statute in the vehicle code that authorizes an ODL suspension for an unsettled judgement (ORS 809.130), the judgment must be of a type described under ORS 806.040. That statute, in turn, deals with 'financial responsibility' e.g. liability car insurance.
I think those two statutes, read together, are a pretty good indication that what is meant by 'motor vehicle accident' is a motor vehicle collision.
No, that would not be considered a motor vehicle accident. It's just a property damage case, at least in California. Perhaps an Oregon attorney can confirm it wouldn't be considered a motor vehicle accident there as well.
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I do not think that your claim constitutes a motor vehicle accident under the Oregon statutes that you are examining. Have you tried to garnish them? Stevens-Ness is a form shop across the street from the old Courthouse on SW 4th in downtown Portland. You might want to serve a garnishment on the biggest banks you can think of and see if that works. You might also want to talk to an Oregon Collections lawyer and have them do it for you. Call the Oregon State Bar lawyer referral service on Monday at 503-684-3763 to get the name and number of a collections lawyer if you go that route. Good luck
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