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Virginia: DCSE may be asking DMV to suspend licenses without complying with the 30-day notice of intent requirement under Virginia law.



 
 
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Old October 20th 07, 02:06 AM posted to alt.child-support
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Default Virginia: DCSE may be asking DMV to suspend licenses without complying with the 30-day notice of intent requirement under Virginia law.

I think I just found something else that Virginia's DCSE is doing
wrong.

I received a certified letter from Virginia's DMV saying that my
license is suspended effective 10/30/2007 by order of DCSE...no
surprise there since the hearing on my motion for preliminary
injunction against DCSE will be heard right around that time...

Ironically, in the Order of Suspension, DMV fails to tell non-
custodial parents that they have a right to stay the Order of
Suspension by writing to DCSE and requesting a judicial
hearing...instead, they merely instruct the NCP to seek a restricted
drivers license by going to the Juvenile Court in their local
jurisdiction.

Fortunately for me, unfortunately for DCSE, they seemed to have failed
to comply with the statutory notice requirement under § 63.2-1937
which reads:

Upon thirty days' notice to an obligor who...is alleged to be
delinquent in the payment of child support by a period of ninety days
or more or for $5,000 or more, an obligee or the Department on behalf
of an obligee, may petition either the court that entered or the court
that is enforcing the order for child support for an order suspending
any license, certificate, registration or other authorization to
engage in a business, trade, profession or occupation, or recreational
activity issued to the obligor by the Commonwealth pursuant to Titles
22.1, 29.1, 38.2, 46.2 or 54.1 or any other provision of law. The
notice shall be sent by certified mail, with proof of actual receipt.
The notice shall specify that (a) the obligor has thirty days from the
date of receipt to comply with the subpoena, summons or warrant or pay
the delinquency or to reach an agreement with the obligee or the
Department to pay the delinquency and (b) if compliance is not
forthcoming or payment is not made or an agreement cannot be reached
within that time, a petition will be filed seeking suspension of any
license, certificate, registration or other authorization to engage in
a business, trade, profession or occupation, or recreational license
issued by the Commonwealth to the obligor.

I have emailed the four bitches at the Manassas District Office of
DCSE and the second highest paid employee bitch of DCSE, who is the
lawyer who keeps screwing with me to WITHDRAW the Order of Suspension
and copied it to the Commissioner of DMV, as well as the Deputy
Director of DMV and my two legislators.

My attorney, who deals primarily with non-custodial parents said he's
never had a client give him a notice of intent sent to the client by
DCSE, he's always just thought DCSE could order a suspension without
review.

Discovery pursuant to my lawsuit against DCSE and the Attorney
General's Office will be fun as hell.

 




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