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Toll Road Evasion Penalties Fines totaling $36,698
List mates:
I have a PC whose sister leased her car from her and repeatedly did
illegal entries on the toll roads in Orange County at about $28 a pop in
2011 and 2012. She did it 186 times$5,208.
They are now coming after my PC, as owner, not driver, for $36,698 with
all the penalties, interest etc.
I know fines and penalties owed to government agencies are not generally
dischargeable, but there's something strange here where she owes this
because of merely being an owner.
The Greenbaum Law Group is after her, and they cite California Vehicle
Code section 40267, and related sections as being the basis for the
claim.
They are threatening to get a Civil judgment against her if she doesn't
pay up.
I'm a little incredulous that this is a nondischargeable debt under the
circumstances, although on the surface that's what it appears to be.
So my questions are:
1. Is this really all not dischargeable? Has anyone litigated this
or experienced it postdischarge even if they haven't litigated it.
2. Does the civil judgment if they get one make an election of
remedies such that it may be dischargeable-as not a criminal judgment?
Or more likely would the underlying reason for the judgment still be
pertinent in a dischargeability analysis?
I've had 2 cases with the same issue come in within the last 2 days and
have never dealt with it before.
Thank you in advance for your input.
Steve
Law Offices of Steven B. Lever
Steven B. Lever
( Tel. (562) 436-5456 ext. 1
( Fax (562) 485-6886
* sblever@leverlaw.com
www.leverlaw.com
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