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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.
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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