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.
10 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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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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North Carolina | N.C. Gen. Stat. Ann. § 15A-1340.38 | Enforcement of certain orders for restitution |
If the defendant is ordered to pay restitution under G.S. 15A-1340.34(b) as a condition of probation, a judgment docketed under this section may be collected in the same manner as + See morea civil judgment. However, the docketed judgment for restitution may not be executed upon the property of the defendant until the date of notification to the clerk of superior court in the county of the original conviction that the judge presiding at the probation termination or revocation hearing has made a finding that restitution in a sum certain remains due and payable, that the defendant's probation has been terminated or revoked, and that the remaining balance of restitution owing may be collected by execution on the judgment. The clerk shall then enter upon the judgment docket the amount that remains due and payable on the judgment, together with amounts equal to the standard fees for docketing, copying, certifying, and mailing, as appropriate, and shall collect any other fees or charges incurred as in the enforcement of other civil judgments, including accrued interest.
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Property liens | All | No |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-1365 | Judgment for fines docketed; lien and execution |
When a defendant has defaulted in payment of a fine or costs, the judge may order that the judgment be docketed. Upon being docketed, the judgment becomes a lien on the real estate of the defendant in the same manner as do judgments in civil actions. Executions on docketed judgments may be stayed only when an appeal is taken and security is given as required in civil cases. If the judgment is affirmed on appeal to the appellate division, the clerk of the superior court, on receipt of the certificate from the appellate division, must issue execution on the judgment. The clerk may not issue an execution, however, if the fine or costs were imposed for an offense other than trafficking in controlled substances or conspiring to traffic in controlled substances under G.S. 90-95(h) and (i), respectively, and the defendant elects to serve the suspended sentence, if any, or serve a term of 30 days, if no suspended sentence was imposed.
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Property liens | All | No |
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Ohio | Ohio Rev. Code § 2949.15 | Writs of execution to issue |
If a nonindigent person convicted of a felony fails to pay the costs of prosecution pursuant to section 2949.14 of the Revised Code, the clerk of the court of common pleas shall forthwith issue to the sheriff of the county in which the indictment was found, and to the sheriff of any other county in which the person has property, executions against his property for fines and the costs of prosecution, which shall be served and returned within ten days, with the proceedings of such sheriff or the certification that there is no property upon which to levy, indorsed thereon. When a levy is made upon property under such execution, a writ shall forthwith be issued by the clerk for the sale thereof, and such sheriff shall sell the property and make return thereof, and after paying the costs of conviction, execution, and sale, pay the balance to the person authorized to receive it.
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Property liens | All | Yes |
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Ohio | Ohio Rev. Code § 2949.09 | Execution for fine and costs |
When a judge or magistrate renders judgment for a fine, an execution may issue for such judgment and costs of prosecution, to be levied on the property, or in default thereof, upon the body of the defendant for nonpayment of the fine. The officer holding such writ may arrest such defendant in any county and commit him to the jail of the county in which such writ issued, until such fine is paid or secured to be paid or he is otherwise legally discharged.
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Property liens | All | No |
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Ohio | Ohio Rev. Code § 2929.18(D)(2)(c) | Proceeding in the aid of execution |
. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the following: (c) A proceeding in aid of execution under Chapter 2333. of the Revised Code, including: (i) A proceeding for the examination of the judgment debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27 of the Revised Code; (ii) A proceeding for attachment of the person of the judgment debtor under section 2333.28 of the Revised Code; (iii) A creditor's suit under section 2333.01 of the Revised Code.
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Civil judgment | Felony | No |
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Ohio | Ohio Rev. Code § 2929.18(D)(2)(a) | Financial sanctions; restitution; reimbursements |
. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the following: (a) An execution against the property of the judgment debtor under Chapter 2329. of the Revised Code.
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Property liens | Felony | No |
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Ohio | Ohio Rev. Code § 2929.18(D)(2)(b) | Financial sanctions; restitution; reimbursements. |
. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the following: (b) An execution against the person of the judgment debtor under Chapter 2331. of the Revised Code.
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Civil judgment | Felony | No |
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Ohio | Ohio Rev. Code § 2929.18(D)(2)(d) | Financial sanctions; restitution; reimbursements. |
. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the following: (d) The attachment of the property of the judgment debtor under Chapter 2715. of the Revised Code;
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Property liens | Felony | No |
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Ohio | Ohio Rev. Code § 2929.18(D)(2)(e) | Financial sanctions; restitution; reimbursements. |
. . . Once the financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the following: (e) The garnishment of the property of the judgment debtor under Chapter 2716. of the Revised Code.
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Property liens, Wage/bank account garnishment | Felony | No |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.