Ability to Pay

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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.

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State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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 Massachusetts Mass. Gen. Laws ch. 266, § 111B Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.

Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment

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of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.

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Payment would impose an undue financial hardship on defendant or his family.

 At defendant's request at enforcement Not provided for Determined by judge without hearing No

Remission from any payment of restitution or modify the amount, time or method of payment; 
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 Massachusetts Mass. Gen. Laws ch. 266, § 27A Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.

In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.

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Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.

 Felony

A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents

 At defendant's request at enforcement Not provided for Determined by judge without hearing No

Modification of the amount, time or method of payment of restitution; remission from any payment of restitution or modify the amount, time or method of payment.

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