How to Suspend a Defendant’s Drivers’ License in Iowa

It happens all too often where you’ve won a lawsuit—either through the trial stage or by means of a pre-trial motion—and your client is happy because they will finally be paid. However, after the court’s judgment, the Defendant fails to pay the amount the Court has ordered. What are your options? When the lawsuit originates as a result of the defendants’ negligent driving (i.e. a car accident), one of the ways to get a Defendant to pay the Court’s judgment is to suspend their drivers’ license until payment is made.

Suspending a defendant’s drivers’ license in Iowa courts has taken a few more steps than some other states. In Iowa, if the defendant has not paid a court’s judgment for 60 days, the plaintiff may take action to suspend the defendant’s drivers’ license. This can be done by filing a “Request for License Suspension” with the court.  Filing the request will be a $20 fee. In this filing, it is important to include the following identifying information regarding the defendant: date of birth, drivers’ license number, and social security number. After these three things are listed, all that is needed is a short paragraph representing to the court that payment has not been made for sixty days.

The best practice for suspending a drivers’ license in Iowa includes filing an affidavit with the Request for License Suspension. This affidavit must set out the following: that the judgment was the result of a car accident and/or was driving-related; that the accident occurred on the streets of Iowa, specifically setting out what County the accident occurred; and that the court has awarded judgment in favor of the Plaintiff. The affidavit is important because the clerk of court must sign a statement that the lawsuit was a result of an accident that occurred on the Iowa roadways. Without this affidavit, the clerk’s job in signing this statement is much more difficult.

Obtaining the court’s judgment from a defendant can be difficult and taking action to suspend their drivers’ license for failure to pay that judgment incentivizes the defendant to pay—quickly. Knowing how to suspend their license can save you time and, with any luck, will keep the client hopeful that they will be paid. Questions? Contact us today.