(a) If the judgment (1) was for one thousand dollars ($1,000) or less, (2) resulted from a motor vehicle accident occurring on a California highway caused by the defendant’s operation of a motor vehicle, and (3) has remained unsatisfied for more than 90 days after the judgment became final, the judgment creditor may file with the Department of Motor Vehicles a notice requesting a suspension of the judgment debtor’s privilege to operate a motor vehicle.
§ 116.880.Notice requesting suspension of driver’s license for failure to satisfy certain judgments; Attempt to notify judgment debtor; Termination of proceedings
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 8. Satisfaction and Enforcement of Judgment · Enacted 2015 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 116.880 lets a judgment creditor request DMV suspension of the debtor’s driver’s license for a $1,000-or-less small claims judgment from a California-highway accident the defendant caused, once unsatisfied for more than 90 days, with a suspension that ends on proof of payment, a payment plan, sufficient insurance, or a deposit of the unpaid amount.
Full Text of § 116.880
(b) The notice shall state that the judgment has not been satisfied, and shall be accompanied by (1) a fee set by the department, (2) the judgment of the court determining that the judgment resulted from a motor vehicle accident occurring on a California highway caused by the judgment debtor’s operation of a motor vehicle, and (3) a declaration that the judgment has not been satisfied. The fee shall be used by the department to finance the costs of administering this section and shall not exceed the department’s actual costs.
(c) Upon receipt of a notice, the department shall attempt to notify the judgment debtor by telephone, if possible, otherwise by certified mail, that the judgment debtor’s privilege to operate a motor vehicle will be suspended for a period of 90 days, beginning 20 days after receipt of notice by the department from the judgment creditor, unless satisfactory proof, as provided in subdivision (e), is provided to the department before that date.
(d) At the time the notice is filed, the department shall give the judgment creditor a copy of the notice that indicates the filing fee paid by the judgment creditor, and includes a space to be signed by the judgment creditor acknowledging payment of the judgment by the judgment debtor. The judgment creditor shall mail or deliver a signed copy of the acknowledgment to the judgment debtor once the judgment is satisfied.
(e) The department shall terminate the suspension, or the suspension proceedings, upon the occurrence of one or more of the following:
(1) Receipt of proof that the judgment has been satisfied, either (A) by a copy of the notice required by this section signed by the judgment creditor acknowledging satisfaction of the judgment, or (B) by a declaration of the judgment debtor stating that the judgment has been satisfied.
(2) Receipt of proof that the judgment debtor is complying with a court-ordered payment schedule.
(3) Proof that the judgment debtor had insurance covering the accident sufficient to satisfy the judgment.
(4) A deposit with the department of the amount of the unsatisfied judgment, if the judgment debtor presents proof, satisfactory to the department, of inability to locate the judgment creditor.
(5) At the end of 90 days. § 116.880. Notice requesting suspension of driver’s license for failure to satisfy certain judgments; Attempt to notify judgment debtor; Termination of proceedi....
(f) If the suspension has been terminated under subdivision (e), the action is final and shall not be reinstituted. If the suspension is terminated, Section 14904 of the Vehicle Code shall apply. Money deposited with the department under this section shall be handled in the same manner as money deposited under paragraph (4) of subdivision (a) of Section 16377 of the Vehicle Code.
(g) A public agency is not liable for an injury caused by the suspension, termination of suspension, or the failure to suspend a person’s privilege to operate a motor vehicle as authorized by this section.
(h) This section shall become operative on January 1, 2017.
Plain-English Summary
Section 116.880(a) creates a small-claims-specific version of license suspension, distinct from the general Vehicle Code mechanism in § 116.870. It applies to a judgment of $1,000 or less that resulted from a motor vehicle accident on a California highway caused by the defendant’s own operation of a vehicle, and that has remained unsatisfied for more than 90 days after becoming final. In that situation, the creditor may file a notice with the DMV requesting suspension of the debtor’s driving privilege.
Subdivision (b) requires the notice to be accompanied by a DMV-set fee (capped at the department’s actual administrative cost), the court’s judgment showing it resulted from a covered accident, and a declaration that the judgment remains unpaid. Subdivision (c) requires DMV to attempt notifying the debtor by phone or, failing that, certified mail, that a 90-day suspension will begin 20 days after DMV received the creditor’s notice, unless satisfactory proof under subdivision (e) arrives first.
Subdivision (e) lists what stops the suspension or the suspension proceedings: proof the judgment was satisfied, proof the debtor is complying with a court-ordered payment schedule, proof the debtor had insurance sufficient to cover the judgment, or a deposit with DMV of the unsatisfied amount if the debtor cannot locate the creditor — or the passage of the full 90 days. Subdivision (f) makes a terminated suspension final and non-reinstatable, and subdivision (g) shields public agencies from liability over suspending, not suspending, or ending a suspension under this section. Subdivision (h) notes this section became operative January 1, 2017.
Frequently Asked Questions
How can I get a debtor’s license suspended over an unpaid small claims judgment from a car accident?
Section 116.880(a) lets a judgment creditor file a notice with the DMV requesting suspension, once a $1,000-or-less judgment arising from a California-highway accident the defendant caused has gone unsatisfied for more than 90 days.
Will the DMV warn the debtor before suspending their license?
Yes. Section 116.880(c) requires DMV to attempt notifying the debtor by phone or certified mail that a 90-day suspension will start 20 days after DMV received the creditor’s notice.
What stops the license suspension once it has been requested?
Section 116.880(e) lists several grounds: proof the judgment is paid, proof the debtor is following a court payment schedule, proof of sufficient insurance, a deposit of the unpaid amount if the creditor cannot be found, or the expiration of the 90-day period.
Is there a cap on the fee the DMV can charge for processing this request?
Yes. Section 116.880(b) caps the DMV’s fee at its actual administrative cost of handling the request.
Amendment History
Added Stats 2015 ch 451 § 4 (SB 491), effective January 1, 2016, operative January 1, 2017.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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