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Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
50 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Montana | Mont. Code Ann. § 46-18-244(3)(a) | Type and time of payment--defenses--ensuring payment |
In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation: (a) forfeiture and sale of + See morethe offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender
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Property liens | All | No |
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Michigan | Mich. Comp. Laws § 600.4803 | Failure to pay as subject to late penalty |
A person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal + See moreto 20% of the amount owed. The court shall inform a person subject to a penalty, fee, or costs that the late penalty will be applied to any amount that continues to be unpaid 56 days after the amount is due and owing. . . . A late penalty may be waived by the court upon the request of the person subject to the late penalty.
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Collection fee/interest | All | No |
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Washington DC | DC ST § 15-320 | Enforcement of decrees |
a) For the purpose of executing a decree, or compelling obedience to it, the United States District Court for the District of Columbia or the Superior Court of the District + See moreof Columbia, in addition to the other procedures provided for by this chapter and Chapter 5 of Title 16, may:(1) issue an attachment against the person of the defendant;
(2) order an immediate sequestration of his real and personal estate, or such part thereof as may be necessary to satisfy the decree; or
(3) by order and injunction, cause the possession of the estate and effects whereof the possession or a sale is decreed to be delivered to the complainant, or otherwise, according to the tenor and import of the decree and as the nature of the case requires.
In case of sequestration, the court may order payment and satisfaction to be made out of the estate and effects so sequestrated, according to the true intent and meaning of the decree.
(b) When a defendant is arrested and brought into court upon any process of contempt issued to compel the performance of a decree, the court may, upon motion, order:
(1) the defendant to stand committed; or
(2) his estates and effects to be sequestrated and payment made, as directed by subsection (a) of this section; or
(3) possession of his estate and effects to be delivered by order and injunction, as directed by subsection (a) of this section --
until the decree or order is fully performed and executed, according to the tenor and true meaning thereof, and the contempt cleared.
(c) Where a decree only directs the payment of money, the defendant may not be imprisoned except in those cases especially provided for.
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Property liens | All | No |
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North Dakota | N.D. Cent. Code § 29-26-22(4) | Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement |
...A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like + See moremanner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.
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Property liens | All | No |
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North Dakota | N.D. Cent. Code § 29-26-22.1 | Judgment for fine or costs in criminal cases--Docketing and enforcement |
The court may, within ten years of the date of entry of a judgment that imposes a fine or assesses costs against a defendant, order the judgment to be docketed + See moreby the clerk of court in the judgment docket maintained pursuant to section 28-20-13 in the same manner in which a civil judgment for money is docketed. The docketing of the judgment has the same effect as the docketing of a civil judgment. The docketed judgment may be docketed in any other county in the same manner, it imposes a lien upon the real property owned by the defendant to the same extent, it is subject to the same statute of limitations, and it is enforceable by execution in the same manner as provided for a civil judgment for money.
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Property liens | All | No |
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North Dakota | N.D. Cent. Code § 29-26-22(4) | Judgment for fines--Court administration fee--Community service supervision fee--Special funds--Docketing and enforcement |
A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like + See moremanner as a judgment for money rendered in a civil action. The court may allow the defendant to pay any assessed administration fee or community service supervision fee in installments. When a defendant is assessed administration fees or a community service supervision fee, the court may not impose at the same time an alternative sentence to be served if the fees are not paid.
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Property liens | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 9728(a) | Collection - interest |
Except as provided in subsection (b)(5), all restitution, reparation, fees, costs, fines and penalties shall be collected by the county probation department or other agent designated by the county commissioners + See moreof the county with the approval of the president judge of the county for that purpose in any manner provided by law. However, such restitution, reparation, fees, costs, fines and penalties are part of a criminal action or proceeding and shall not be deemed debts. A sentence, pretrial disposition order or order entered under section 6352 (relating to disposition of delinquent child) for restitution, reparation, fees, costs, fines or penalties shall, together with interest and any additional costs that may accrue, be a judgment in favor of the probation department upon the person or the property of the person sentenced or subject to the order.
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Collection fee/interest | All | No |
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Virginia | Va. Code Ann. § 19.2-354(A) | Fee to cover cost of managing installment plan |
If the defendant is unable to make payment within 30 days of sentencing, the court may assess a one-time fee not to exceed $10 to cover the costs of management + See moreof the defendant's account until such account is paid in full. This one-time fee shall not apply to cases in which costs are assessed pursuant to § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9.
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Collection fee/interest | All | No |
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Virginia | Va. Code Ann. § 19.2-353.3 | Increased Fine for Bounced check/declined card |
If a check is returned unpaid by the financial institution on which it is drawn or notice is received from the credit or debit card issuer that payment will not + See morebe made, for any reason, the fees, fine, restitution, forfeiture, penalty or costs shall be treated as unpaid, and the court may pursue all available remedies to obtain payment. The clerk of the court to whom the dishonored check or credit or debit card was tendered may impose a fee of $50 or 10 percent of the value of the payment, whichever is greater, in addition to the fine and costs already imposed.
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Collection fee/interest | All | No |
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Nevada | Nev. Rev. Stat. Ann. §176.064 (1) | Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; report to credit agencies; civil judgment; attachment or garnishment; suspension of driver’s license; imprisonment. |
1. If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition + See moreto any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of: (a) Not more than $100, if the amount of the delinquency is less than $2,000.
(b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000.
(c) Ten percent of the amount of the delinquency, if the amount of the delinquency is $5,000 or greater.
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Collection fee/interest | All | No |
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Nevada | Nev. Rev. Stat. Ann. § 176.275 | Judgment for fine, administrative assessment, payment of restitution or repayment of expenses is lien; additional provisions concerning judgment for payment of restitution. |
1. A judgment which imposes a fine or administrative assessment or requires a defendant to pay restitution or repay the expenses of a defense constitutes a lien in like manner as + See morea judgment for money rendered in a civil action. 2. A judgment which requires a defendant to pay restitution:
(a) May be recorded, docketed and enforced as any other judgment for money rendered in a civil action.
(b) Does not expire until the judgment is satisfied.
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Property liens | All | No |
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Louisiana | CCRP 895.5.A | Restitution Recovery Division |
Notwithstanding any other provision of law to the contrary, each district attorney may establish a special division in the office designated as the "restitution recovery division" for the administration, collection, + See moreand enforcement of victim restitution, victim compensation assessments, probation fees, and payments in civil or criminal proceedings ordered by the court and payable to the state or to crime victims, judgments entered which have not been otherwise vacated, or judicial relief given from the operation of the order or judgment.
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Collection fee/interest | All | No |
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Louisiana | CCRP 895.5.A.2 | Property lien |
(2)(a) The order to pay restitution together with any order to pay costs or fines, as provided in this Article, is deemed a civil money judgment in favor of the + See moreperson to whom restitution, costs, or fines is owed, if the defendant is informed of his right to have a judicial determination of the amount and is provided with a hearing, waived a hearing, or stipulated to the amount of the restitution, cost, or fine ordered. In addition to proceedings had by the court which orders the restitution, cost, or fine, the judgment may be enforced in the same manner as a money judgment in a civil case. Likewise, the judgment may be filed as a lien as provided by law for judgment creditors. Prior to the enforcement of the restitution order, or order for costs or fines, the defendant shall be notified of his right to have a judicial determination of the amount of restitution, cost, or fine. Such notice shall be served personally by the district attorney's office of the respective judicial district in which the restitution, cost, or fine is ordered.
(b) In addition to the powers under R.S. 13:1336, the Criminal District Court for the Parish of Orleans shall have the authority to order the payment of restitution as provided in this Paragraph. The enforcement of the judgment for restitution shall be filed in the Civil District Court for the Parish of Orleans.
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Property liens | All | No |
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Louisiana | CCRP 886.A | Civil Process, offset of tax refund |
In the event of nonpayment of a fine, nonpayment of restitution to the victim, or nonpayment of a fine and costs, within sixty days after the sentence was imposed, and + See moreif no appeal is pending, the court which imposed the sentence may sign a judgment against the defendant in a sum equal to the fine or restitution plus judicial interest to begin sixty days after the sentence was imposed plus all costs of the criminal proceeding and subsequent proceedings necessary to enforce the judgment in either civil or criminal court, or both. Collection of the judgment may be enforced in either criminal or civil court, or both, in the same manner as a money judgment in a civil case. In addition, particular courts may provide by court rule for enforcement by the filing of an offset claim against the defendant, in accordance with R.S. 47:299.1 through 299.20.
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Collection fee/interest | All | No |
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Louisiana | CCRP 895.1 A(2) | Property lien |
The order to pay restitution together with any order to pay costs or fines, as provided in this Article, is deemed a civil money judgment in favor of the person + See moreto whom restitution, costs, or fines is owed, if the defendant is informed of his right to have a judicial determination of the amount and is provided with a hearing, waived a hearing, or stipulated to the amount of the restitution, cost, or fine ordered. In addition to proceedings had by the court which orders the restitution, cost, or fine, the judgment may be enforced in the same manner as a money judgment in a civil case. Likewise, the judgment may be filed as a lien as provided by law for judgment creditors. Prior to the enforcement of the restitution order, or order for costs or fines, the defendant shall be notified of his right to have a judicial determination of the amount of restitution, cost, or fine. Such notice shall be served personally by the district attorney's office of the respective judicial district in which the restitution, cost, or fine is ordered.
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Property liens | All | No |
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South Carolina | S.C. Code Ann. § 14-25-65(B) | Contempt/civil judgment |
(B) A municipal judge may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay. In addition, + See morea municipal judge may convert any unpaid restitution, fines, costs, fees, surcharges, and assessments to a civil judgment as provided in Section 17-25-323(C).
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Property liens | All | No |
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South Carolina | S.C. Code Ann. § 17-25-325. | Entry of civil judgment |
The sentence and judgment of the court of general sessions in a criminal case against an individual may be enforced in the same manner by execution against the property of + See morethe defendant as is provided by law for enforcing the judgments of the courts of common pleas in civil actions. Before a general sessions court may enter a judgment against a defendant's property as authorized by this section, the judge must make findings of fact as to the amount of the judgment to be entered against the defendant. These findings must be supported by the preponderance of the relevant evidence as is offered by the parties.
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Property liens | All | No |
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South Carolina | S.C. Code Ann. § 17-25-530. | Civil Action |
(A) Notwithstanding any other provision of law or rule of civil procedure, an eligible person has the right to bring a civil action in a court of competent jurisdiction to + See morerecover money damages from an offender or the legal representative of that offender within three years of the discovery of the existence of any profits from the crime. Damages awarded in this action are recoverable only up to the value of the profits from the crime.
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Property liens | All | No |
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South Carolina | S.C. Code Ann. § 17-25-540 | attachment, injunction, receivership, and notice of pendency |
(B) The office may act on behalf of all eligible persons and may apply for any remedies available to an eligible person bringing an action under Section 17-25-530. These remedies + See moreinclude the right of attachment, injunction, receivership, and notice of pendency. On the motion for a particular remedy, the moving party shall state whether any other remedy has been sought in the same action against the same offender. The court may require the moving party to elect its remedy.
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Property liens | All | No |
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Kansas | Kan. Stat. Ann. § 21-6604(f)(1) | Authorized dispositions; crimes committed on or after July 1, 1993 |
(j) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a + See moreperson from office or impose any other civil penalty as a result of conviction of crime.
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Property liens | All | No |
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