---
title: O.C.G.A. § 40-9-61. Suspension of driver’s license or operating privilege for nonpayment of judgment.
collection: code
id: 40-9-61
cite_as: O.C.G.A. § 40-9-61 (2025)
canonical_url: https://georgiacommons.org/code/40-9-61
md_url: https://georgiacommons.org/code/40-9-61.md
text_url: https://georgiacommons.org/code/40-9-61/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch6-16-(v29)-2018-pdf.pdf?sfvrsn=97c394d6_0#page=569
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / REPORTING ACCIDENTS; GIVING PROOF OF FINANCIAL RESPONSIBILITY / UNSATISFIED JUDGMENTS
---

# O.C.G.A. § 40-9-61. Suspension of driver’s license or operating privilege for nonpayment of judgment.

(a) The department, upon receipt of a certified copy of an unsatisfied judgment, shall suspend the driver’s license or nonresident’s operating privilege of the person against whom such judgment was rendered except as provided in subsections (b) and (c) of this Code section.

(b) If the judgment creditor consents, in writing, in such form as the department may prescribe, the department, in its discretion, may allow the judgment debtor to retain his or her license or nonresident’s operating privilege for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment or of any installments as provided in Code Section 40-9-63.

(c) The department shall take no action pursuant to subsection (a) of this Code section if it shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the extent and for the amounts required in this article, but has not paid such judgment for any reason. Such finding shall not be binding upon such insurer and shall have no legal effect whatever except for the purposes of administering this Code section. Whenever, in any judicial proceedings, it shall be determined by any final judgment, decree, or order that an insurer is not obligated to pay any such judgment, the department, notwithstanding any contrary finding theretofore made by it, shall forthwith suspend the license or nonresident’s operating privilege of any person against whom such judgment was rendered.

## History

Ga. L. 1956, p. 543, § 13; Code 1933, § 68C-402, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 2005, p. 334, § 20-4/HB 501.