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, § 108 Destroying Vessel to Defraud Owner or Insurer.

A defendant ordered to make restitution may petition the court for remission from any payment of restitution or from any unpaid portion thereof. If the court finds that the payment

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of restitution due will impose a substantial financial hardship on 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 time and method of payment.

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Not provided for

 At defendant's request at enforcement Not provided for Not provided for No

May grant remission or modify time and method of payment.
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 Massachusetts Mass. Gen. Laws ch. 266, § 108 Destroying Vessel to Defraud Owner or Insurer.

If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made

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a good faith effort to make restitution. If the defendant has made such good faith effort, the court may, upon motion of the defendant, modify the order requiring restitution by: (a) providing for additional time to make any payment in restitution; (b) reducing the amount of any payment in restitution or installment thereof; (c) granting a remission from any payment of restitution or part thereof.

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N/A

 At defendant's request at enforcement Not provided for Determined by judge after hearing No

Modify restitution order by providing for additional time to make any payment in restitution, reducing the amount of any payment in restitution or installment thereof, or  granting a remission from

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any payment of restitution or part thereof.

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