Certificate of Debt not Subject to Statute of Limitaions – In re Robinson (UNP)

In re Robinson is an UNPUBLISHED Appellate Division decision which holds that a certificate of debt filed by the Motor Vehicle Commission to collect a DWI surcharge is not subject to the civil statute of limitations. The filing of a certificate of debt is not the same as filing a lawsuit and is not subject to the equitable doctrine of laches.

Although not discussed in the opinion, it is important to note that the 3rd Circuit has recently interpreted a certificate of debt filed in a New Jersey DWI surcharge case to be a statutory lien and thus not subject to discharge in bankruptcy in the same manner as a debt reduced to a judicial lien. See generally:

In re Schick, 418 F.3d 321 (3rd Cir. 2005) A statutory lien is defined in 11 U.S.C.A. 101(53) as a “lien arising solely by force of a statute on specified circumstances or conditions, or lien of distress for rent, whether or not statutory, but does not include security interest or judicial lien, whether or not such interest or lien is provided by or is dependent on a statute and whether or not such interest or lien is made fully effective by statute.”

Download a copy of In re Robinson, an unpublished decision.

Category: Muni-Mail Archive