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Anyone who has lived in Iowa very long knows how much it means to have a driver's license. In rural Iowa, people rely on cars to get to work, to school and to the doctor. When the Iowa Department of Transportation (IDOT) suspends someone's driver's license, it is much harder to remain financially independent. Driving with a suspended license is risky. A person can face criminal charges for driving with a suspended license as well as extra fines, costs and additional suspensions.

One reason to suspend drivers' licenses is the failure to pay fines, court costs or related charges assessed to people convicted of violating motor vehicle operating laws. This includes convictions for violations like speeding. Many times the reason for not paying these fines and other charges is not having the money to do so. When a license is suspended for failure to pay fines, court costs or related charges, it can become even harder to pay. A job can be lost when someone can't get to work or is not able to drive a vehicle.   

What Can I Do When I Can’t Pay?

A little known Iowa law can help with this problem. The IDOT can decide not to suspend a person's license if he or she is low-income and unable to pay the fines, court costs or related charges. It is possible for the person to get more time to pay. Before the IDOT can suspend a person's driver's license for failure to timely pay fines, court costs or related charges, the Clerk of Court must send a notice of nonpayment. That notice gives 60 days to make timely payment. If the person does not pay, or is unable to pay by the end of the 60 days, the Clerk of Court notifies the IDOT. Then the IDOT suspends the license.

A low-income person can file a form with the IDOT to ask that the suspension not take place. Then the IDOT will decide if the person is able to pay before going ahead with the suspension. The name of the form is "Application For Stay of Suspension For Inability to Pay Fine, Penalty, Surcharge or Court Costs" (IDOT Form #431038). You can get it at IDOT offices or from Iowa Legal Aid (click here for a PDF copy). It must be filed with the IDOT within 45 days of the date the Clerk of Court SENDS the notice, not the date you receive the notice.  If the IDOT has already suspended your license for non-payment, you cannot use this form.
      
After the person files this form, the IDOT will review the case and decide whether to stop the suspension. Then IDOT will notify the person and the Clerk of Court of their decision. A person who disagrees with the IDOT's decision can file an appeal.

This is an important option for people who may have a hard time paying fines, court costs or related charges for which they are responsible. It offers a way for low-income people to apply for a "stay of license suspension." That means to put a hold on suspending a license. The form you use to request a stay concerns your finances. It asks you about your job, income, assets, expenses and debts.

A person must take the first step and timely file the required form with the IDOT. This process can be a very valuable way to maintain household income and continue to meet a family's transportation needs. Remember, this does not wipe out the fines, court costs or related charges. It can give a low-income person more time to pay, plus let him or her keep a driver's license in the meantime

If IDOT has already suspended your driver's license due to failure to pay fines, court costs, or related charges, a lawyer may be able to help you. It may be possible to set up a new payment schedule and receive some driving privileges.

Another Option: Installment Agreements

Some Iowans who have lost their driver's license may have another option for getting their driver's license reinstated. If you have an unpaid amount for a fine, penalty, surcharge, or other court costs and your driver's license is suspended because of that, you might be eligible to make an installment payment agreement to get your driver's license back

What You Need to Know

To take advantage of an installment agreement you need to know exactly why your license is suspended. This information is found in your certified driver record. The certified driver record will tell you the reasons that your license is not valid and how long a suspension, revocation or bar is in effect.

A certified driver record can be obtained from the Iowa Department of Transportation (IDOT). You do have to pay a small fee for this driver record. The telephone numbers for the IDOT are 800-532-1121-Toll Free in Iowa; 515-244-9124 or 515-244-8725-Local Des Moines. Certified driver records are available locally at an IDOT Driver's License Station (usually located in bigger cities) or from the local county sheriff's office. They are also available by sending a request and a check for $5.50 (payable to Treasurer, State of Iowa) to:

Office of Driver Services
 Iowa Dept. Of Transportation
 P.O. Box 9204
 Des Moines, Iowa 50306-9204

How Do I Make An Installment Agreement?

If you determine that the only reason your driver's license is suspended is because you have delinquent fines, penalties, surcharges, or court costs and haven't paid these amounts, then you may be eligible to make an installment agreement. If your license is suspended, revoked, or barred for other reasons, an installment agreement is not going to get your license reinstated.

An installment agreement is a payment plan. You agree to pay a certain amount on the balance you owe and then you can get your license reinstated. Like other payment plans, there will be consequences if you miss a payment or stop making payments.

The installment agreement is made with the county attorney, their designee, or the centralized collection unit of the department of revenue. You should make the installment agreement in the county where the fine, penalty, surcharge or court cost was imposed. If that county does not have an installment agreement program, you can try to make an agreement in the county where you live. If your county also doesn't have a program, you can try to make an agreement with any county attorney or county attorney’s designee.  The county attorney's offices that offer these installment agreements may each have slightly different criteria that each driver must meet to qualify. Some of the county attorneys will not accept a payment plan to cover fines outside of their county.

To make the agreement, you need to submit a financial statement to the county attorney, their designee, or the centralized collection unit. You work with them to determine what the payment amounts will be. The final agreement will be in writing and should be signed by both parties. Don't make an agreement that you cannot keep, because there will be consequences if you are not able to make payments on time.

When you make the agreement, you need to have the money available to make the first payment. The agreement is to be filed with the clerk of court in the county where the fine, penalty, surcharge or court cost was imposed. When the clerk receives the agreement AND the first payment, the clerk notifies the IDOT. When the IDOT gets this notification, they are to immediately reinstate your driver's license. If your license is suspended, revoked, denied or barred for another reason, then the IDOT does not have to immediately reinstate your license. Before your license is reinstated, you need to provide proof of financial responsibility and pay the $20.00 reinstatement fee.

Civil Penalties

Many times when a driver's license is suspended, revoked or barred, there is also a civil penalty of $200.00 which is assessed to you. If you have multiple suspensions, revocations or bars, then there can be multiple civil penalties. You need to contact the IDOT to find out if you have any civil penalties and how much they total. The new law states that these civil penalties are to be added to the amount that you owe in your installment agreement.

What Happens If I Don't Make My Payments?

When you miss a payment or stop making payments, it is called default. If you default on an installment agreement, the party you made the agreement with is supposed to notify the clerk of court and the clerk of court then notifies the IDOT. The IDOT will then immediately suspend your driver's license again. If you default on you agreement, you cannot make a new agreement that includes the one you defaulted on.

What If I Have More Than One Fine, Penalty, Surcharge or Court
Cost?

If you get a new fine, penalty, surcharge or court cost after you have done an installment agreement and that amount becomes delinquent and you get another suspension, you might be able to get another installment agreement. You would have to follow the same process to get the new agreement. In your lifetime you are only able to get five (5) installment agreements.