Welcome


Law should be interactive.

Rabbit Crowd Library is an experiment in enabling people to interact with the law directly without bias.

Give law accountability. Use - , and to comment and respond to text you agree and disagree with.

0
0
0
Rs 32:429.4 Installment Agreement; Outstanding Penalties, Fines, And Fees Owed To The Office Of Motor Vehicles

§429.4. Installment agreement; outstanding penalties, fines, and fees owed to the office of

motor vehicles

A. Installment agreements and eligibility. (1)(a) All outstanding penalties, fines,

and fees owed to the Department of Public Safety and Corrections, office of motor vehicles,

hereinafter referred to as the "office of motor vehicles", shall be paid no later than the date

allowed by law. However, the office of motor vehicles shall enter into installment

agreements, as authorized by this Section, with eligible persons for payment of their

outstanding fines, penalties, and fees owed to the office of motor vehicles. All notices of any

outstanding fines, penalties, and fees owed to the office of motor vehicles shall inform the

debtor that he may qualify to pay sums due by installment agreement, if eligible, and shall

include instructions on how to inquire with the office of motor vehicles to determine

eligibility and terms.

(b) An installment agreement shall not be used to pay sales or use taxes or related

penalties and interest, vehicle registration license taxes, or titling fees when submitting a

transaction to title or register a motor vehicle. However, if the office of motor vehicles has

previously sent a notice to the debtor that the payment made on a motor vehicle title or

registration transaction was dishonored by a bank processing the transaction, the office of

motor vehicles may accept an installment agreement to collect that dishonored payment in

addition to any outstanding fees, penalties, or interest that may be added to the total due to

the dishonored payment.

(2) A debtor who owes the office of motor vehicles two hundred fifty dollars or more

in outstanding fines, penalties, or fees, or any combination thereof, is eligible to pay such

amounts by means of an installment agreement with the office of motor vehicles, should all

of the following conditions be met:

(a) All conditions of reinstatement other than payment of outstanding fines,

penalties, and fees owed to the office of motor vehicles have been satisfied.

(b) A request for an installment agreement is made as required by and within the time

provided for in the notice from the office of motor vehicles informing the debtor of any

outstanding fines, penalties, and fees owed to the office of motor vehicles.

(3) Upon termination of an installment agreement executed pursuant to this Section,

all outstanding amounts due under the installment agreement shall be final debt as defined

by R.S. 32:8 or R.S. 47:1676. Any installment agreement entered into pursuant to this

Section shall constitute a waiver by the debtor of any right to administrative or judicial

review regarding sums due under an installment agreement. Any notices provided to a debtor

who enters into an installment agreement pursuant to this Section shall constitute satisfaction

of the notice requirements of R.S. 32:8 and R.S. 47:1676.

(4) Any installment agreement entered into by the office of motor vehicles and a

debtor shall be in writing and signed by both parties. The office of motor vehicles shall

develop an official form to be utilized for installment agreements authorized by this Section.

Installment agreements not on this form shall be invalid.

B. Installment agreement payment schedule. Any installment agreement shall

require a debtor to provide fixed and equal monthly payments in the following amounts, with

the first payment due upon the execution of the agreement:

(1) If the debtor owes two hundred fifty dollars, the debtor shall pay six equal

monthly installments.

(2) If the debtor owes from two hundred fifty-one dollars to seven hundred fifty

dollars, the debtor shall pay twelve equal monthly installments.

(3) If the debtor owes from seven hundred fifty-one dollars to one thousand five

hundred dollars, the debtor shall pay twenty-four equal monthly installments.

(4) If the debtor owes from one thousand five hundred one dollars to two thousand

five hundred dollars, the debtor shall pay thirty-six equal monthly installments.

(5) If the debtor owes from two thousand five hundred one dollars to four thousand

nine hundred ninety-nine dollars, the debtor shall pay forty-eight equal monthly installments.

(6) If the debtor owes five thousand or more, the debtor shall pay up to sixty monthly

installment payments. However, the commissioner of the office of motor vehicles may grant

longer payment terms for amounts of five thousand dollars or more owed based on proof of

income indicating a debtor's financial limitations to pay within sixty months.

C. Payments. (1) All installment agreement payments shall be made through an

electronic automated transaction initiated by the office of motor vehicles or a third party on

behalf of the office of motor vehicles. Such installment agreement payments may be made

by bank draft, electronic funds transfer, or credit or debit card, including but not limited to

reloadable prepaid credit or debit cards. All debtors shall provide necessary information for

installment payments to be paid by bank draft, electronic funds transfer, or credit or debit

cards.

(2) The debtor shall be issued a statement or receipt indicating the amount paid and

the amount outstanding under the installment agreement each time an installment agreement

payment is made.

(3) Prepayment of sums due on an installment agreement may be made without the

imposition of a penalty.

D. Suspension of installment agreement. The commissioner of the office of motor

vehicles may suspend an installment agreement executed pursuant to this Section for up to

sixty days following a request by the debtor based upon good cause. Good cause shall be

determined by the commissioner. During the term of the suspension of the installment

agreement, no payments shall be accepted on the installment agreement. Payments shall

resume upon the day following the last day of the suspension period. Any suspension of an

installment agreement pursuant to this Subsection shall extend the term of the installment

agreement by the length of any suspension. A debtor's driving privileges shall remain active

during the suspension period unless otherwise blocked, revoked, or suspended.

E. Termination of installment agreement upon failure to make payment. (1) If any

installment payment is not paid on or before the date fixed for its payment, the entire amount

unpaid pursuant to the installment agreement shall be paid by the debtor within a sixty-day

period from the date of notice and demand from the commissioner of the office of motor

vehicles. The notice shall further advise the debtor that his driver's license shall be

suspended upon the expiration of the sixty-day period if the payments due pursuant to the

installment agreement are not made current within that sixty-day period or the agreement is

not reinstated by the commissioner of the office of motor vehicles within that sixty-day

period. This notice shall be known as "Notice of Installment Agreement Termination and

Demand".

(2) The Notice of Installment Agreement Termination and Demand shall satisfy all

notice requirements of R.S. 32:8 and R.S. 47:1676. In the event an installment agreement

includes payment of delinquent or final debt as defined by R.S. 32:8, such notice shall

include all information required by R.S. 32:8. In the event that an installment agreement

includes payment of delinquent or final debt as defined by R.S. 47:1676, such notice shall

include all information required by R.S. 47:1676. The notice required by this Paragraph shall

satisfy the notice requirements of R.S. 32:8 and R.S. 47:1676.

(3) Upon request of the debtor within the sixty-day period from the date of the notice

and demand required in Paragraph (1) of this Subsection and approval of the commissioner

of the office of motor vehicles, the office of motor vehicles may reinstate the installment

agreement after payment of the missed installment.

(4) If no request for reinstatement of an installment agreement is made within sixty

days of the notice and demand required by Paragraph (1) of this Subsection, or if the

commissioner of the office of motor vehicles rejects a request to reinstate an installment

agreement, the installment agreement shall be terminated and any remaining sums due under

the installment agreement shall be delinquent and final debt as defined by R.S. 32:8 or R.S.

47:1676 for which the following shall apply:

(a) For sums due which are not debt as defined by R.S. 32:8, the office of motor

vehicles may refer any unpaid balance due under the installment agreement for collection by

the appropriate office pursuant to R.S. 47:1676 and this Section.

(b) For sums due which are debt as defined by R.S. 32:8, the office of motor vehicles

shall refer any unpaid balance due under the installment agreement to the Department of

Revenue, office of debt recovery, for collection as provided in R.S. 32:8 and R.S. 47:1676.

F. Driving privileges and vehicle registration. (1) A debtor's Class "E" driving

privileges and motor vehicle or truck registration privileges shall be reinstated when an

installment agreement is executed by the debtor and the office of motor vehicles. All blocks

on the debtor's license record shall be removed at that time. The office of motor vehicles

may include the applicable fee for reinstatement of driving privileges in the total to be owed

pursuant to an installment agreement entered into pursuant to this Section.

(2) If a debtor fails to timely make an installment payment and no request for

reinstatement of the installment agreement is made following the commissioner's sending the

Notice of Installment Agreement Termination and Demand, or the commissioner of the

office of motor vehicles rejects a request to reinstate an installment agreement, the debtor's

driving privileges and motor vehicle or truck registration privileges shall be suspended. The

provisions of R.S. 32:414 shall apply with regard to judicial review of the suspension and

reinstatement of the suspension.

G. Administration of installment agreements. (1) The Department of Public Safety

and Corrections, public safety services, may authorize a third party, including but not limited

to the Department of Revenue, office of debt recovery, to administer installment agreements

executed pursuant to this Section. Such authorized third party may collect payments due

pursuant to installment agreements executed pursuant to this Section. Any such authorized

third party shall be an authorized agent of the Department of Public Safety and Corrections,

public safety services, and may collect the following fees for each transaction completed

pursuant to this Section:

(a) A fee not to exceed three dollars for each payment made pursuant to an

installment agreement.

(b) Fees authorized by R.S. 40:1322.

(c) Fees authorized pursuant to R.S. 49:316.1.

(2) The provisions of R.S. 47:1576.2 shall not apply to services provided by the

Department of Revenue, office of debt recovery, pursuant to this Subsection.

(3) For purposes of this Section, the office of motor vehicles and the office of debt

recovery shall not be considered a collection agency as defined in R.S. 9:3534.1.

H. Rules. The office of motor vehicles and the Department of Revenue, office of

debt recovery, may adopt rules and regulations in accordance with the Administrative

Procedure Act to implement the provisions of this Section.

Acts 2016, No. 397, §1, eff. June 8, 2016.

Share this law:
Facebook Twitter LinkedIn Pinterest Reddit
Local Government
Louisiana
3
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
installment
agreement
motor
vehicle
vehicles
office
payment
debt
debtor
pay