I got into an accident which was in front of a school, I was doing a u turn and other driver was probably doing about 35 or more. At the time I was uninsured, due to changing my debit card and the auto pay didn't go through. I probably wasn't on top of things at the time. Now a collection agency is coming after me saying they will have my license suspended
Even the threat of some action like what you write is probably illegal and unethical and may be considered blackmail. They will not likely bring such a claim and are likely beyond the statute of limitations for the debt. Check with a collections or debt relief attorney. I will transfer your file there now.
The collection company has nothing to do with license suspension and appears to be using a baseless threat. However, if you did not file an SR one with the DMV giving insurance information, and/or if the other party did, the DMV would know that you had no insurance and therefore your license could be suspended until you provide proof of insurance
Considerably more information is necessary in order to properly advise you. Was there a police report? Did anyone file an SR-1 with the DMV? Who is trying to collect? The other driver? The owner of the other car? An insurance company which paid uninsured motorists compensation to the other driver? Were you sued? Was a lawsuit filed? You should check the court index in the county where the accident took place to see if your name appears as a party to a lawsuit. If a lawsuit was filed, you can get copies of the documents filed from the court clerk, for a fee. If no lawsuit was filed, the time for the creditor / collector to file a lawsuit has passed. If a lawsuit was filed you need to have an attorney review the lawsuit papers. You should probably not talk to the collector at all. Do not believe anything that a collector tells you, especially if it involves your legal rights.
If you were driving without insurance, the DMV can suspend your license. However, that is an action that the DMV takes, not the collections company. A collection company that made such a threat likely violated the Fair Debt Collection Practices Act. Next time the collection company calls, record their threat and tell them you will hire an attorney to seek damages against them for violation of the Fair Debt Collection Practices Act.
