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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.
72 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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North Dakota | N.D. Cent. Code § 29-27-03 | Judgment for imprisonment or as response to nonpayment of fine |
If a judgment is for imprisonment, initially or as response to nonpayment of a fine in accordance with section 12.1-32-05, the defendant forthwith must be committed to the custody of + See morethe proper officer and be detained by that officer until the judgment is complied with.
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Incarceration | All | Yes |
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North Dakota | N.D. Cent. Code § 32-09.1-02 | Creditors may proceed by garnishment |
Any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action against any person, any public corporation, the United States, the state + See moreof North Dakota, or any institution, department, or agency of the state, indebted to or having any property in possession or under control, belonging to the creditor's debtor after securing a judgment against the debtor in a court of competent jurisdiction, in the cases, upon the conditions, and in the manner prescribed in this chapter. A garnishment action brought pursuant to this chapter is the exclusive procedure which may be used to execute on earnings of a debtor while those earnings are held by a third-party employer.
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Wage/bank account garnishment | All | No |
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North Dakota | N.D. Cent. Code § 32-09.1-14 | Default |
If any garnishee who is duly summoned willfully fails to serve disclosure as required in this chapter, the court, upon proof by affidavit of the creditor, may render judgment against + See morethe garnishee for an amount not exceeding the lesser of the plaintiff's judgment against the defendant or the retention amount as defined under section 32-09.1-07. The creditor shall serve the garnishee with a copy of the affidavit and a notice of intent to take default judgment. The court upon good cause shown may remove the default and permit the garnishee to disclose on terms as may be just.
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Increased fine | All | No |
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North Dakota | N.D. Cent. Code § 40-11-12 | Commitment of guilty person for nonpayment of fines or costs |
Any person upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to + See morejail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or both, are fully paid or discharged by labor as provided in section 40-18-12. The court may not commit a person under this section when the sole reason for the person's nonpayment of fines or costs, or both, is the person's indigence. An order of commitment under this section shall not be for a period in excess of thirty days. As used in this section, “fine” does not include a fee established pursuant to subsection 2 of section 40-05-06.
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Incarceration | All | No |
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North Dakota | N.D. Cent. Code § 12.1-32-08(1) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person + See moreentitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.
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Other | All | Yes |
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North Dakota | N.D. Cent. Code § 12.1-32-08(2) | Hearing prior to ordering restitution, reparation, or reimbursement of indigent defense costs and expenses--Conditions--Collection of restitution for insufficient funds checks--Continuing appropriation |
When the restitution ordered by the court under subsection 1 is the result of a finding that the defendant issued a check or draft without sufficient funds or without an + See moreaccount, the court shall impose as costs the greater of the sum of ten dollars or an amount equal to twenty-five percent of the amount of restitution ordered. The costs imposed under this subsection, however, may not exceed one thousand dollars. The state-employed clerks of district court shall remit the funds collected as costs under this subsection to the state treasurer for deposit in the restitution collection assistance fund. The funds deposited into the restitution collection assistance fund are appropriated to the judicial branch on a continuing basis for the purpose of defraying expenses incident to the collection of restitution, including operating expenses and the compensation of additional necessary personnel. The state's attorneys and county-employed clerks of district court shall remit the funds collected as costs under this subsection to the county treasurer to be deposited in the county general fund.
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Increased fine | All | Yes |
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North Dakota | N.D. Cent. Code § 27-10-01.4(1)(b) | Remedial sanctions--Punitive sanctions for nonsummary and summary procedure--Past conduct |
1. A court may impose one or more of the following remedial sanctions:b. Imprisonment if the contempt of court is of a type included in subdivision b, c, d, e, + See moreor f of subsection 1 of section 27-10-01.1 (providing that contempt of court includes "Intentional nonpayment of a sum of money ordered by the court to be paid in a case when by law execution cannot be awarded for the collection of the sum") The imprisonment may extend for as long as the contemnor continues the contempt or six months, whichever is shorter.
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Incarceration | All | No |
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North Dakota | N.D. Cent. Code § 27-10-01.4(1)(d) | Remedial sanctions--Punitive sanctions for nonsummary and summary procedure--Past conduct | A court may impose one or more of the following remedial sanctions:d. An order designed to ensure compliance with a previous order of the court | Other | All | No |
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North Dakota | N.D. Cent. Code § 27-10-01.4(1)(e) | Remedial sanctions--Punitive sanctions for nonsummary and summary procedure--Past conduct |
A court may impose one or more of the following remedial sanctions:e. A sanction other than the sanctions specified in subdivisions a through d if the court expressly finds that + See morethose sanctions would be ineffectual to terminate a continuing contempt.
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Other | All | No |
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North Dakota | N.D. Cent. Code § 12.1-32-05(2) | Imposition of fine--Response to nonpayment |
The court may allow the defendant to pay any fine imposed in installments. When a defendant is sentenced to pay a fine, the court shall not impose at the same + See moretime an alternative sentence to be served in the event that the fine is not paid.
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Payment plan/installment plan | All | No |
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North Dakota | N.D. Cent. Code § 29-07-01.1 | Payment of expenses for defense of indigents--Reimbursement of indigent defense costs and expenses--Indigent defense administration fund--Continuing appropriation | If the application fee is not paid before disposition of the case, the fee amount must be added to the amount to be reimbursed under this section. | Increased fine | All | Yes |
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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(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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Payment plan/installment plan | All | No |
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North Dakota | N.D. Cent. Code § 12.1-32-02.2(4) | Repayment of rewards paid by crimestoppers programs--Duties of attorney general--Qualified local programs--Disbursement of moneys collected |
A judgment that includes a repayment of reward, either alone or in conjunction with section 29-26-22, may be docketed and thereafter constitutes a lien upon the real estate of the + See moredefendant in the same manner as a judgment for money rendered in a civil action.
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Property liens | Felony | No |
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North Dakota | N.D. Cent. Code § 12.1-32-07(2) | Supervision of probationer--Conditions of probation--Revocation |
If the offender has not paid the full amount of supervision fees and costs before completion or termination of probation, the court may issue an order, after opportunity for hearing, + See moreto determine the amount of supervision fees and costs that are unpaid. The order may be filed, transcribed, and enforced by the department of corrections and rehabilitation in the same manner as civil judgments rendered by a district court of this state.
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Property liens | All | No |
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North Dakota | S.D. Codified Laws § 223A-28-3 | Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole |
If the sentencing court orders the defendant to the county jail, suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare a plan of restitution, including the name and address of each victim, a specific amount of restitution to each victim, and a schedule of restitution payments.
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Condition or extension of supervision | All | No |
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South Dakota | S.D. Codified Laws § 32-35-60 | Installment payments |
A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
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Payment plan/installment plan | All | No |
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South Dakota | S.D. Codified Laws § 32-35-62 | Failure to pay installments--Suspension of licenses. |
In the event the judgment debtor referred to in § 32-35-61 fails to pay any installment as specified by such order, then upon notice of such default, the Department of Public Safety shall forthwith suspend the license or nonresident's operating privilege and the Department of Revenue shall forthwith suspend the registration of the judgment debtor until such judgment is satisfied, as provided in this chapter.
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Driver's license suspension/impoundment | All | Yes |
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South Dakota | S.D. Codified Laws § 32-23-4.10 | Costs payable to county--Nonpayment punishable by contempt. |
In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of § 32-23-1 to remit costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings.
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Incarceration | All | Yes |
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South Dakota | S.D. Codified Laws § 23A-47-6 | Failure to comply with plan of restitution or of financial obligation constitutes violation of conditions — Modification of plan — Contempt |
Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of the conditions within this system. Without limitation, the court may modify the plan of restitution or financial obligation, extend the period of time for restitution or financial obligation, or continue the individual in the administrative financial accountability system. If the individual fails to make payment as ordered by the court, the individual may be held in contempt of the court’s order.
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Incarceration | All | No |
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