50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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Level of Offense
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.
6 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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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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Montana | Mont. Code Ann. § 46-18-601 | Judgment in writing--lien |
(1) The judgment shall be reduced to writing and signed by the judge.
(2) A judgment that the defendant pay a fine or costs constitutes a lien upon the real estate + See moreof the defendant, which lien dates from the date of the defendant's arrest.
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Property liens | All | Yes |
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Nebraska | (2)Neb. Rev. Stat. § 28-1011 | Violations; liability for expenses |
Even if reimbursement for expenses is not ordered under subsection (1) of this section, the defendant shall be liable for all unreimbursed expenses incurred by a public or private agency in conjunction with the care, impoundment, seizure, or disposal of an animal. The expenses shall be a lien upon the animal.
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Property liens | All | No |
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Washington | Wash. Rev. Code Ann. § 10.82.010 | Execution for fines and costs |
Upon a judgment for fine and costs, and for all adjudged costs, execution shall be issued against the property of the defendant, and returned in the same manner as in civil actions.
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Property liens | All | No |
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Washington | Wash. Rev. Code Ann. § 7.68.120(2) | Reimbursement — Restitution to victim — Notice — Fees — Order to withhold and deliver — Limitation |
(2) (a) The department may issue a notice of debt due and owing to the person found to have committed the criminal act, and shall serve the notice on the person in the manner prescribed for the service of a summons in a civil action or by certified mail. The department shall file the notice of debt due and owing along with proof of service with the superior court of the county where the criminal act took place. The person served the notice shall have thirty days from the date of service to respond to the notice by requesting a hearing in superior court.
(b) If a person served a notice of debt due and owing fails to respond within thirty days, the department may seek a default judgment. Upon entry of a judgment in an action brought pursuant to (a) of this subsection, the clerk shall enter the order in the execution docket. The filing fee shall be added to the amount of the debt indicated in the judgment. The judgment shall become a lien upon all real and personal property of the person named in the judgment as in other civil cases. The judgment shall be subject to execution, garnishment, or other procedures for collection of a judgment. |
Civil judgment, Property liens, Wage/bank account garnishment | All | No |
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