Installment payment of judgments -- default

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61-6-125. Installment payment of judgments -- default. (1) A judgment debtor upon due notice to the judgment creditor may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments. The court, in its discretion and without prejudice to any other legal remedies that the judgment creditor may have, may order payment in installments and fix the amounts and times of the payments.

(2) The department may not suspend a license or a nonresident's operating privilege and shall restore any license or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of compliance with 61-6-301 and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default.

(3) If the judgment debtor fails to pay any installment as specified by a court order, then the department shall, upon notice of the default, suspend the license or nonresident's operating privilege of the judgment debtor until the judgment is satisfied, as provided in this part.

History: En. Sec. 16, Ch. 204, L. 1951; R.C.M. 1947, 53-433; amd. Sec. 3, Ch. 218, L. 1985; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 19, Ch. 309, L. 1999.


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