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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.
78 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-503(a) | Installment | When a court imposes a fine, the court may order the defendant to pay the fine: (1) When the court imposes sentence; or (2) In specified installments at designated intervals. | Payment plan/installment plan | All | No |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-503(c) | Condition Probation on Payment | If a court sentences a defendant to probation, the court may make payment of a fine a condition of the sentence. | Condition or extension of supervision | All | No |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(3) | Imprisonment |
After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: May order that the individual be committed + See moreto a correctional facility;
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Incarceration | All | No |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-505 | Collection of Unpaid Fines and Costs | Unpaid and undischarged fines and unpaid costs may be levied, executed on, and collected in the same manner as judgments in civil cases. | Property liens | All | No |
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Maryland | Md. Code Ann., Transp. § 26-207(a) | Revocation of Commercial License |
If a person holding a commercial driver's license fails to comply with a notice to appear in court or a notice for failure to pay a fine for a traffic + See morecitation issued to the person under the laws or regulations of another state, and the other state's driver licensing authority notified the Administration of the noncompliance, on receipt of the notice of noncompliance and after giving the person 10 days' written notice, the Administration shall suspend the driving privileges of the person until receipt of a notice of compliance from the other state.
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Driver's license suspension/impoundment | All | No |
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Maryland | Md. Code Ann., Transp. § 27-103(a) | Revocation of License |
If a person fined under the Maryland Vehicle Law1 or under any federal traffic law or regulation for a violation occurring in Maryland does not pay the fine in accordance + See morewith the court's directive: (1) The court may so certify to the Administration; and (2) On such certification, after giving the person 10 days advance written notice, the Administration may suspend the driving privileges or license of the person until the fine has been paid.
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Driver's license suspension/impoundment | All | No |
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Maryland | Md. Code Ann., Crim. Law §10-119(i) | Criminal Contempt Sanctions |
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may + See morebe punished by the court as provided by law.
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Increased fine | All | No |
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Maryland | Md. Code Ann., Crim. Law §10-127(c) | Criminal Contempt Sanctions | A defendant's willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law. | Increased fine | All | No |
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Maryland | Md. Code Ann., Crim. Law §10-133(i) | Criminal Contempt Sanctions |
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may + See morebe punished by the court as provided by law.
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Increased fine | All | No |
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Maryland | Md. Code Ann., Crim. Law §10-137(i) | Criminal Contempt Sanctions |
if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may + See morebe punished by the court as provided by law.
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Increased fine | All | No |
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South Carolina | S.C. Code Ann. § 12-56-50 | Set off of tax refund |
Subject to the limitations contained in this chapter, the department, upon request, shall render assistance in the collection of any delinquent account or debt owing to any claimant agency by + See moresetting off any refunds due the debtor from the department by the sum certified by the claimant agency as delinquent debt.
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Wage/bank account garnishment | All | Yes |
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South Carolina | S.C. Code Ann. § 14-1-202(B) | Compromise of fine |
(B) The clerk of the appropriate court, or county treasurer or municipal treasurer, as appropriate, may compromise any fine, penalty, cost, fee, assessment, surcharge, service charge, restitution, or other amount + See moreimposed by a court or as a direct consequence of a court order to the extent necessary to collect these items. If a clerk or treasurer compromises an amount pursuant to this subsection, the proceeds representing the collected amount must be distributed pro rata to the entities that otherwise would have received the original amount.
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Payment plan/installment plan | All | No |
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South Carolina | S.C. Code Ann. § 14-17-725 | Installment Plan |
Where criminal fines, assessments, or restitution payments are paid through installments, a collection cost charge of three percent of the payment also must be collected by the clerk of court, + See moremagistrate, or municipal court from the defendant and transferred to the county treasurer or city treasurer, as appropriate, for deposit to credit of the county or municipal general fund.
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Payment plan/installment plan | 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. § 16-3-1270 | Property lien |
If a person is unable at the time of sentencing or at any other time the court may set to pay a restitution charge imposed by the court pursuant to + See moreSections 24-23-210 through 24-23-230, such restitution charge shall constitute a lien against the offender and against any real or personal property of the offender. A restitution charge shall not constitute a lien if it is waived by the Director pursuant to Section 24-23-210. Such lien may be filed by the Attorney General in the respective offices of the clerks of court and registers of deeds of this State in the same manner state tax liens are filed and may be enforced and collected by the Attorney General in the same manner state tax liens are enforced and collected.
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Property liens | All | Yes |
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South Carolina | S.C. Code Ann. § 17-25-323 | Civil judgment and property lien |
(B) When a defendant is placed on probation by the court or parole by the Board of Probation, Parole and Pardon Services, and ordered to make restitution, and the defendant + See moreis in default in the payment of them or any installment or any criminal fines, surcharges, assessments, costs, and fees ordered, the court, before the defendant completes his period of probation or parole, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or a probation and parole agent, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The court must enter:
(1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and
(2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution is ordered plus reasonable attorney's fees and cost ordered by the court.
(C) When a defendant is ordered to make restitution by a magistrate or municipal court, and the defendant is in default in the payment of restitution or of any installment or any criminal fines, surcharges, assessments, costs, and fees ordered, the magistrate or municipal court, within one year of the imposition of the sentence, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or the prosecuting law enforcement agency, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The magistrate or municipal court must enter:
(1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and
(2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution is ordered plus reasonable attorney's fees and cost ordered by the court.
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Property liens | All | Yes |
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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. § 17-25-340. | Incarceration |
If the sheriff or his deputy return on oath that such offender refused to pay or has not any property or not sufficient whereon to levy, then a writ of + See morecapias ad satisfaciendum shall issue whereby he shall be committed to the common jail, until the forfeiture, costs and charges shall be satisfied. Such offender shall be entitled, however, to the privilege of insolvent debtors.
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Incarceration | All | Yes |
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South Carolina | S.C. Code Ann. § 17-25-350. | Payment plan |
In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established + See morethat he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full.
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Payment plan/installment plan | All | Yes |
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South Carolina | S.C. Code Ann. § 17-25-350. | Contempt/incarceration |
Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part + See moreof the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence.
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Incarceration | All | Yes |
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