MVC Surcharges

The only purpose of this blog is to help people beat NJ MVC Surcharge penalties. Not the imposed Surcharges by the judge you plead guilty in front of. The penalties that arise when you cannot pay the orginal imposed surcharge. I hope NJ Legislators sometime hear and pass the below bill:


ASSEMBLY, No. 342
STATE OF NEW JERSEY
213th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION


Sponsored by:
Assemblywoman JOAN M. QUIGLEY
District 32 (Bergen and Hudson)
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)




SYNOPSIS
Authorizes periodic motor vehicle surcharge amnesty period.

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel

An Act authorizing the State Treasurer to establish a motor vehicle surcharge amnesty period and supplementing Title 17 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. In addition to the provisions of the New Jersey Merit Rating Plan established pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), and notwithstanding the provisions of any other law to the contrary, the State Treasurer may periodically establish a motor vehicle surcharge amnesty period. During this amnesty period, a driver who has failed to pay any motor vehicle surcharges levied pursuant to paragraph (1) or paragraph (3) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35) may pay the full principal amount of any such surcharges to the chief administrator without any interest that otherwise may be due and without any costs of collection that otherwise may be due.
A driver who has been authorized by the chief administrator to pay a surcharge levied pursuant to paragraph (1) or paragraph (3) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35) on an installment basis may participate in the amnesty established pursuant to this section. The amnesty afforded under this section shall not apply to surcharges levied pursuant to subparagraph (b) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35) nor shall any driver who has any outstanding surcharges levied pursuant to that subparagraph be eligible to participate in this amnesty. The amnesty afforded under this section shall not apply to the license restoration fee or the motor vehicle registration restoration fee authorized pursuant to section 23 of P.L.1975, c.180 (C.39:3-10a).

2. a. Except as otherwise provided in subsection b. of this section, all monies collected pursuant to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be remitted to the Division of Motor Vehicles Surcharge Fund established pursuant to section 12 of P.L.1994, c.57 (C.34:1B-21.12).
b. From the monies collected pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as this bill), there is appropriated to the New Jersey Motor Vehicle Commission an amount not to exceed $250,000 to implement and administer the surcharge amnesty program established under this act.

3. This act shall take effect on the first day of the sixth month after enactment.
STATEMENT

This bill would authorize the State Treasurer to periodically establish a motor vehicle surcharge amnesty period. The bill affords individuals who owe certain outstanding surcharges imposed under the New Jersey Merit Rating Plan an amnesty period during which those surcharges may be paid without interest or collection costs.
This bill was introduced at the recommendation of the Motor Vehicles Affordability and Fairness Task Force.

Day after Christmas and nothing done. No big deal. Soon as I get a phone I'm calling the NJ MVC judgement people and find what court the certificate of complaint was filed with. I want a copy of this complaint!!!! The imposed surcharge is $1072 or something like that and another $1500 in penalties. No way!!!! How did they amend the penalties I got from the various courts throughout NJ? And why was I not a party to any defense what-so-ever. I will re-visit each court, claim in-effectual counsel, and get new hearings/trials. Jury trials that is. With life long penalties such as this I WANT A JURY. The war is on!!!! Death do us proud!!!

Certificate of Debt

Still doing nothing. Getting rid of this added fees such as interest and collection costs are very possible. I live in Boston and have to physically travel to Trenton NJ. Something I do not want to do. To that end I have to get to Mercer County Superior Court and get a copy of the complaint aka Certificate of Dept. Then I just have to file a motion to "vacate the certificate of dept" and then I will pay the principle on this imposed surcharge.

Anybody out there reading this?

I can do this.

Was I Served?

ok, all I got to do is go to NJ Mercer County court and ask for my docket/file. If they say they do not keep records prior to 2000 then I want to immediately petition the court for dismissal. You cannot suspend my NJ driving privileges for a Default Judgement if the file don't exist. If there is no record of it then it did not happen.

Ultimately I want the docket/file to show I was not process served.


Again, all I got to do is show up on 11/15/08 and get my file.

Dr Ahn's #

617-384-8581

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Today Learning

Not doing much on the MVC front. I need to figure out how to beat a 'Default Judgement' but for now I am working on learning how to interface with this blog. I have changed setting to update the format of how the time stamp is displayed. Time stamps are very important. Check you last login time. Is it of a time when you were not working?

will this work

this is just a plain email. nothing more than this text should appear.

 

 

Comment from Email

This email is a test to see if I can post comments about fighting New Jersey MVC from my hotmail account.
 
This is a test.

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Good News and Bad News

First the good news. New Jersey Assemblyman and woman Joan M. Quigley(Bergen/Hudson) and John S. Wisniewski(Middlesex) have introduced or sponsored a new bill to Authorize periodic motor vehicle surcharge amnesty period. Click on the link below to view A342:

http://www.njleg.state.nj.us/2008/Bills/A0500/342_I1.PDF

The bad news is that this bill seems to be sitting doing nothing. To that end it seems the only way out is to fight the judgement. Not from God but from Mercer County Court. A judgement is not MVC . . . it is court for real. A civil matter in which defendants are 'served' to appear. I am the victim of a default judgement. It carries the same weight as if I appeared, vigorously defended myself and lost. One problem is that I was never served! How could I know that I would have to appear? I am going to overturn this default judgement. I wasn't served!!!!

While I wait for A342 to become law I will still try to keep up the fight. My imposed surcharge is $1066, collection fees and interest make it $2600. $1500 extra cause I can't pay? No way. I want to pay the principle but this other crap . . . no way. Eventually I'm going go back to the courts and ask for a new trial based on ineffective counsel. At no time did I sign into the plea bargins to loose my license for life. These are minor offenses. No DUI's. Let me pay the principle and I will go away!!!

Nobody !!!!

Opinion from Mintz Levin

Received a letter from an intern that was helping me out. Even a lawyer signed off on the research. The work as second to none and I do not discount one thing. After reading it I was dashed. They are of the opinion that there is little chance if any of reducing these surcharges. I am still not too happy about this.

I am not done. I figure to request a hearing and ask for interest and collection fees be reduced.

Let me research this new information from Mintz Levin. This work is good. It is clear what I have to over come.

When I win I will tell all the residents of NJ under this BURDEN of a hidden tax how to get out from the NJ jackboot.

Far from done.

Nobody

Not much progess

I took some time to read McGarrah v. State, 268 N.J. Super. 577, 634 A.2d 139 (N.J. Super. Ct. 1990.Basically there is no way out of paying the surcharge. This guy was homeless, living on $500 per month and had to support his son and the NJ Courts say he has to pay. Even if it means he is suspended for ever.

That is not my problem. I want to pay the principle but not the collection costs($750) and interest that is accruing daily. I do have a material point for a hearing regarding the surcharge principle amount. I have a NJ MVC document that says one of my judgements has been "Paid in Full" resulting in total that is $200 less than what they want in surcharge principle.

Basically I want to go back to NJ MVC from Boston and (1) get a hearing regarding surcharge principle. If they do not grant me an administrative hearing then I will walk to the Mercer County Court and file an appeal. I am homless so the fees will be waived, then I will have to pay to have NJ MVC served. It is worth the $50. You/we are entitled to a hearing.

Once I get the principle amount corrected I will work on the collection costs and interest. My licenses had been suspended for 15 years. I don't care if I get my license. I just want these monetary obligations lifted and hopefully I can point some poor NJ Citizens in the right direction on how to take city hall to court!!!!

L.C. McGarrah v. NJ MVC

Today I am going to read a case called McGarrah v. NJ MVC. The person lost this case. I want an appeal. I looked at all my records and reconciled them against the judgements and surcharges. They over billed me $200. The principle for me is $1020 and I have no problems with paying that. It is the extra $1500 in collection costs and interest that I have a problem with. I want an appeal. Legal aid in Boston tells me in Massachusetts you can bring the registry to small claims court to appeal what they do(MA Registry). Aid told me to try the same thing in NJ or at least use the lowest court to file your appeal. He tells me to file the appeal at the lowest NJ court. You do not need a reason when filing it. Then I have to pay $50 to get it served. Maybe NJ MVC will send a lawyer to contest the appeal an maybe we can work a deal. Up until now NJ MVC will not talk. It is impossible getting any information out of them. That is why all future visits will be to the Trenton MVC location. If they give me problems I go to Mercer Counter Superior court and file a motion, petition, etc. Under the freedom of information act I am entitled to full disclosure of my file. They refuse to give it to me. I do not understand why NJ MVC acts in this fashion. Please keep in touch as I post more information as I learn it. My only goal is to help my fellow citizens.

Fighting NJ MVC Surcharges

The mission of this blog site is to post all that I am doing to get NJ MVC to waive the collection fees and daily interest that is accruing on my surcharge. The principle is $1020. But due to things outside of the motor vehicle ticket convictions such as collection costs and interest the surcharge cost is over $2400. I will not pay these added costs. This is not fair and I believe it to be an invisible tax. I screwed up driving and got these tickets(No DUI's). I paid the court and related costs and had my license suspended for having more than 6 points. Lost my job. Got arrested. Had to become a fugitive from justice for ten years and move to another state. In the process I could not pay these surcharges and NJ legislature saw people like us as an easy target.
I will pay the principle but not these obscene collection costs(in which so far they have collected nothing). I will document on this blogger what I am doing in the hope it helps somebody. Folks it isn't going to be easy. Trying to get out of the surcharge is impossible. Over time I am going to research each statute out of NJSA annotated and see what I can do. I went to NJ MVC Trenton on June 6/08 from Boston and asked for an appeal. They put up a stone wall and said no appeals allowed. I have legal help in Boston. This may or may not help in that NJ is not a commonwealth and the legal aid I have do not have NJ bars. But I have a former sitting BMC judge that is giving me pointers. Please stay tuned. I want to help you.