50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Poverty Penalties and Poverty Traps
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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.
9 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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New York | N.Y. Judiciary Law § 792 | Execution of Warrant |
The sheriff to whom a warrant is issued, must collect each fine out of the personal property of the person fined, as prescribed by law or the rules of civil + See morepractice for the collection, by levy upon and sale of personal property, of an execution issued out of a court of record; and he is entitled to like fees thereupon. If sufficient personal property of a delinquent can not be found to pay the fine and the fees, the sheriff must arrest the delinquent, and detain him in custody until he pays the same, as upon an execution against the person, issued in an action, out of the supreme court; and he is entitled to like fees thereupon.
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Property liens | All | Yes |
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New York | N.Y. C.P.L.R. 5232 | Levy Upon Personal Property |
(a) Levy by service of execution. The sheriff or support collection unit designated by the appropriate social services district shall levy upon any interest of the judgment debtor or obligor + See morein personal property not capable of delivery, or upon any debt owed to the judgment debtor or obligor, by serving a copy of the execution upon the garnishee, in the same manner as a summons, except that such service shall not be made by delivery to a person authorized to receive service of summons solely by a designation filed pursuant to a provision of law other than rule 318.
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Property liens | All | Yes |
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New York | N.Y. C.P.L.R. 5235 | Levy Upon Real Property |
After the expiration of ten years after the filing of the judgment-roll, the sheriff shall levy upon any interest of the judgment debtor in real property, pursuant to an execution + See moreother than one issued upon a judgment for any part of a mortgage debt upon the property, by filing with the clerk of the county in which the property is located a notice of levy describing the judgment, the execution and the property. The clerk shall record and index the notice against the name of the judgment debtor, or against the property, in the same books, and in the same manner as a notice of the pendency of an action.
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Property liens | All | Yes |
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Arkansas | Ark. Code Ann. § 5-4-204(a) | Collection After Default |
When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected by any means authorized for the enforcement of a money judgment in a civil action.
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Property liens | All | No |
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Arkansas | Ark. Code Ann. § 5-4-204(b) | Collection After Default |
A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.
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Property liens | All | Yes |
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Arkansas | Ark. Code Ann. § 16-92-104 | Costs and Fees -- Capital Cases |
The costs in all cases of conviction where the convict may be sentenced to suffer death, and all expenses attending the execution of the sentence, shall be adjudged and taxed by the court and paid out of the estate of the convict, and execution may be issued against the estate of the convict therefor.
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Property liens | Felony | Yes |
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Arkansas | Ark. Code Ann. § 16-92-102 | Costs and Fees -- Execution |
(a) The clerk of the court, at the end of each term, shall issue executions for all fines imposed on indictments, in penal actions, or otherwise, and for the costs of conviction in criminal cases during the term, and remaining unpaid, which shall be executed in the same manner as executions in civil cases. The property of the defendant may be seized and sold, notwithstanding that he or she may be in custody for the same demand.
(b) In every case where a witness is summoned by a special subpoena to testify in a particular case in which an indictment may be found, it shall be the duty of the clerk to tax the attendance of the witness with the cost of the suit, to be collected from the defendant, in the event that judgment shall be rendered against him or her therefor, and to be paid into the county treasury. |
Property liens | All | No |
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Arkansas | Ark. Code Ann. § 16-92-101(a) | Costs and Fees -- Defendant's Property Bound From Time of Arrest |
The property, both real and personal, of any person charged with a criminal offense shall be bound from the time of his or her arrest or the finding of an indictment against him or her, whichever shall first happen, for the payment of all fines and costs which he or she may be adjudged to pay. However, no such lien shall be enforced unless the county judge of the county in which the judgment is rendered on the criminal charge shall file, or cause to be filed, with the circuit clerk of the county in which the person may own property, and within six (6) months after the rendition of judgment against the person, a notice of lis pendens as provided for in §§ 16-59-101 -- 16-59-105, 16-59-107, and 16-66-402 and shall cause suit to be instituted to enforce the lien within two (2) years after the date of the filing of the notice.
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Property liens | All | Yes |
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Arkansas | A.C.A. § 16-13-707 | Lien on Property |
(a) When a defendant sentenced to pay a fine defaults in the payment thereof or of any installment, the fine may be collected by any means authorized for the enforcement of money judgments in civil actions; (b) A judgment that the defendant pay a fine shall constitute a lien on the real and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.
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Property liens | All | No |
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