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My wages are continually being garnished for traffic tickets that have extremely high interest. Can I file any type of bankrupcy
Anonymous4 views3 answers
While living in Washington State I had several traffic tickets in the early 2000's. I have since moved back to Ohio. My wages are constantly being garnished. I have called the collection agency to try to obtain how much I owe and to try to work out a payment plan in order to stop these garnishements that seem to happen at random. I was advised that I now owe $10,0000 (this is from the interest). My wages have been garnished since I returned to Ohio in 2007 but the amount does not seem to ever go down. The payment plan that they have quoted me will eat up an entire check per month. As I have a family to support, I can't do this. I want to file bankruptcy, as I feel like I am drowning under the debt but have been advised that I will not be able to file this debt. Is this true?
You wrote, “I want to file bankruptcy, ... debt but have been advised that I will not be able to file this debt. Is this true?“
A: Traffic fines are Not dischargeable in Chapter 7 bankruptcy.
There is a school of thought that interest and penalties can be included in the Chapter 13 plan, that might be your best option to pursue.
I am a Washington Attorney for 26 years..and have filed over 4800 cases including chapter 7 and chapter 13 in last 26 years.. Many persons mix up the difference between a traffic infraction versus traffic criminal fine. Crimes are not discharged in any bankruptcy . Infractions are NOT discharged in chapter 7 but are in chapter 13's! Thus, you must know which is which. If you license is held up in Washington you can get a printout of your actual court charges holding it up by going to:
http://www.dol.wa.gov/
Then follow directions to get printout. For example, no insurance are expenseive but INFRACTIONS..whereas DWLS (driving while license suspended) will be crimes but both traffic oriented. Thus, many cases have thousands in Infractions which are all wiped off upon discharge even if no $ paid on them in the chapter 13 (may direct in our state monies to be paid on the criminal fines first). Here, the license will be released within hours normally even the the State says days..it is very quick. Additionally, you list garnished wages as an asset and file and serve on creditor. The monies your employer is holding should be listed in Schedules B and C to exempt in full if possible which is normally the case here. You do NOT need any agreement upon filing Chapter 13 with the creditor; rather, your chapter 13 plan will govern! Provide the fax number for the creditor to your chapter 13 attorney for your payroll to expedite. If no license with Washington State., have your attorney fax the list of creditors holding up your license (which is printout you obtain on the DOL website) along with the petition page to Washington State Traffic fine desk at Fax # 360 570-7034 along with your license number (may send date of birth if desired too) . Whoever advised you you are not "able to file this debt" uses the wrong terminology or would be advising you to commit perjury: all debts must be listed in any bankruptcy. Period. Simple as that. Hope the above helps.
