Can a state toll road agencys garnish my wages?

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Can a state toll road agencys garnish my wages?

I just claimed bankruptcy and the toll roads agency says that it doesn’t apply to them. Can they garnish my wages still?

Asked on January 21, 2011 under Bankruptcy Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Debts that can be discharged in bankrupcy usually consist of those considered to be a pecuniary loss when stemming from an administrative agency.  So, if the toll road agency says you owe a fine, that is not something that can be discharged through bankruptcy.  However, if the toll road agency states you owe them for unpaid toll charges (pecuniary loss), then you can more likely than not have it discharged through bankruptcy. So look at any documentation from the agency and see whether or not it is categorized as a fee owed or as a fine owed.  Check the agency's website and see if it ever filed an administrative action against you or filed suit prior to your bankruptcy to collect the monies owed.


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