Thanks for the input. The following are the 3 subsections to Act 198 and I wonder how subsection 2 and 3 might help me keep the driver's license active. Specially subsection 3 which allows for instalment payments. How is this instalment payment calculated? Is there a chart based on income? Does the court force the creditor to accept the settlement? Should I bring this up in my negotiations with the creditor to force them to come back with a monthly payment I can afford?
Thanks again for all the insight
198. (1) The drivers licence of every person who fails to satisfy a judgment rendered against him or her by any court in Ontario that has become final by affirmation on appeal or by expiry without appeal of the time allowed for appeal, for damages on account of injury to or the death of any person, or on account of damage to property, occasioned by a motor vehicle or street car, within fifteen days from the date upon which the judgment became final shall be suspended by the Registrar upon receiving a certificate of the final judgment from the court in which the same is rendered and after fifteen days notice has been sent to the person of intention to suspend his or her licence unless the judgment is satisfied within the period, and shall remain so suspended and shall not at any time thereafter be renewed, nor shall any new drivers licence be thereafter issued to the person, until the judgment is satisfied or discharged, otherwise than by a discharge in bankruptcy, to the extent of the minimum limits of liability required by the Insurance Act in respect of motor vehicle liability policies. R.S.O. 1990, c. H.8, s. 198 (1).
Application where person indebted to fund
(2) Despite subsection (1), the Registrar shall not suspend under subsection (1) the drivers licence of any person who is indebted to the Motor Vehicle Accident Claims Fund. R.S.O. 1990, c. H.8, s. 198 (2).
Payment of judgments in instalments
(3) A judgment debtor may, on due notice to the judgment creditor, apply to the court in which the trial judgment was obtained for the privilege of paying the judgment in instalments, and the court may, in its discretion, so order, fixing the amounts and times of payment of the instalments, and while the judgment debtor is not in default in payment of the instalments, he or she shall be deemed not in default in payment of the judgment, and the Minister may restore the drivers licence of the judgment debtor, but the drivers licence shall again be suspended and remain suspended, as provided in subsection (1), if the Registrar is satisfied of default made by the judgment debtor in compliance with the terms of the court order. R.S.O. 1990, c. H.8, s. 198 (3).