Wednesday, July 23, 2008

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.