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Poverty Penalties and Poverty Traps

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	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	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 more practice 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.	Property liens	All	Yes
Add to Dashboard + Create New	New York	N.Y. Judiciary Law § 753	Power of Courts to punish Civil Contempts	A. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy + See more of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in any of the following cases: 3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution can not be awarded for the collection of such sum except as otherwise specifically provided by the civil practice law and rules; or for any other disobedience to a lawful mandate of the court.	Increased fine	All	No
Add to Dashboard + Create New	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 more in 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.	Property liens	All	Yes
Add to Dashboard + Create New	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 more other 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.	Property liens	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §984.22(6)	Power of disposition	The participation and cooperation of the family, parent, guardian, or custodian, and the child with court-ordered services, treatment, or community service are mandatory, not merely voluntary. The court may use + See more its contempt powers to enforce its order.	Increased fine	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §938.30(5)-(9)	Financial obligations in criminal cases; supplementary proceedings	(5) The court may order that any nonexempt property of the person which is in the hands of another be applied toward satisfying the obligation. (6) If judgment has not been + See more previously entered on any court-imposed financial obligation, the court may enter judgment thereon and issue any writ necessary to enforce the judgment in the manner allowed in civil cases. Any judgment issued under this section constitutes a civil lien against the judgment debtor’s presently owned or after-acquired property, when recorded pursuant to s. 55.10. Supplementary proceedings undertaken by any governmental entity to satisfy a judgment imposed pursuant to this section may proceed without bond and without the payment of statutory fees associated with judgment enforcement. (7) Provisions of the Uniform Fraudulent Transfer Act apply to collection matters under this section and may be used to collect any court-imposed financial obligation subject to this section. (8) If a criminal or civil judgment has previously been entered on a court-imposed financial obligation, the judgment constitutes a civil lien against the judgment debtor’s presently owned or after-acquired real or personal property when recorded pursuant to s. 55.10, except that a judgment on a court-imposed financial obligation is not subject to the 10-year rerecording requirement of s. 55.10. The judgment must secure all unpaid court-imposed financial obligations that are due and may accrue subsequent to the recording of the judgment, as well as interest and reasonable costs for issuing a satisfaction and recording the satisfaction in the official records. (9) The clerk of the court shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debts or liens imposed and collected under this section in the same manner as prescribed in s. 938.29(3).	Property liens	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §938.30(11)	Financial obligations in criminal cases; supplementary proceedings	Any person failing to appear or willfully failing to comply with an order under this section, including an order to comply with a payment schedule established by the clerk of + See more court, may be held in civil contempt.	Increased fine	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §960.292	Enforcement of the civil restitution lien through civil restitution lien order	The civil restitution lien shall be made enforceable by means of a civil restitution lien order. (1) Upon conviction, the convicted offender shall incur civil liability for damages and losses + See more to crime victims, the state, its local subdivisions, and aggrieved parties as set forth in s. 960.293. The conviction shall estop the convicted offender from denying the essential allegations of that offense in any subsequent proceedings. (2) Upon motion by the state, upon petition of the local subdivision, crime victim, or aggrieved party, or on its own motion, the court in which the convicted offender is convicted shall enter civil restitution lien orders in favor of crime victims, the state, its local subdivisions, and other aggrieved parties. The court shall retain continuing jurisdiction over the convicted offender for the sole purpose of entering civil restitution lien orders for the duration of the sentence and up to 5 years from release from incarceration or supervision, whichever occurs later. (3) The court shall enter separate civil restitution lien orders as appropriate in favor of the crime victims, the state, its local subdivisions, or aggrieved parties. The civil restitution lien order shall include the name of the convicted offender, the case number assigned to the applicable criminal case, and the names and social security numbers of the crime victim, state, its local subdivisions, or aggrieved parties, as appropriate.	Property liens	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §938.29(2)	Legal assistance; lien for payment of attorney's fees or costs	(2)(a) There is created in the name of the state a lien, enforceable as hereinafter provided, upon all the property, both real and personal, of any person who: 1. Has + See more received any assistance from any public defender of the state, from any special assistant public defender, from any office of criminal conflict and civil regional counsel, or from any private conflict attorney, or who has received due process services after being found indigent for costs; or 2. Is a parent of an accused minor or an accused adult tax-dependent person who is being, or has been, represented by any public defender of the state, by any special assistant public defender, by any office of criminal conflict and civil regional counsel, or by a private conflict attorney, or who is receiving or has received due process services after being found indigent for costs. Such lien constitutes a claim against the defendant-recipient or parent and his or her estate, enforceable according to law. (b) A judgment showing the name and residence of the defendant-recipient or parent shall be recorded in the public record, without cost, by the clerk of the circuit court in the county where the defendant-recipient or parent resides and in each county in which such defendant-recipient or parent then owns or later acquires any property. Such judgments shall be enforced on behalf of the state by the clerk of the circuit court of the county in which assistance was rendered. The lien against a parent shall remain in force notwithstanding the child becoming emancipated or the child reaching the age of majority.	Property liens	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §775.089(5)	Restitution	An order of restitution may be enforced by the state, or by a victim named in the order to receive the restitution, in the same manner as a judgment in + See more a civil action. The outstanding unpaid amount of the order of restitution bears interest in accordance with s. 55.03, and, when properly recorded, becomes a lien on real estate owned by the defendant. If civil enforcement is necessary, the defendant shall be liable for costs and attorney’s fees incurred by the victim in enforcing the order.	Property liens	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §901.11	Effect of not answering summons	Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100. + See more When a person fails to appear as commanded by a summons, the trial court judge shall issue a warrant. If the trial court judge acquires reason to believe that the person summoned will not appear as commanded after issuing a summons, the trial court judge may issue a warrant.	Increased fine	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §939.03	Execution for costs in capital cases	In all capital cases the costs in case of conviction shall be entered up against the prisoner, and the bill of costs, when taxed by the clerk and certified in + See more the manner required by law to give a bill of costs the force of an execution, shall have the force of an execution, and may be levied upon any property of the prisoner found in the state. If the sheriff shall return said bill to the office of the clerk and make affidavit thereon that sufficient property cannot be found to pay the same, and shall state in the affidavit the amount left unpaid after exhausting all the property found, the bill, or the balance unpaid thereon, shall then be audited according to law and such amount shall be paid out of the county treasury.	Property liens	Felony	No
Add to Dashboard + Create New	Florida	Fla. Stat. §901.31	Failure to obey written promise to appear	Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of + See more the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.	Increased fine	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §939.185(1)(d)	Assessment of additional court costs and surcharges	The clerk of court shall cause a certified copy of the court order imposing such costs to be recorded in the public records. Such record constitutes a lien against the + See more person upon whom the costs are imposed and shall attach as a lien on any real property owned by such person located in the county in which such order is recorded in the same manner and to the same extent as a judgment recorded as provided in s. 55.10. Such order shall attach as a lien on any personal property owned by such person located in the state upon the filing with the Department of State of a judgment lien certificate regarding such order as provided in ss. 55.202-55.209. A lien created under this paragraph does not attach to, or make subject to execution of levy or foreclosure, any real or personal property otherwise exempt under s. 4, Art. X of the State Constitution. A lien created under this paragraph is enforceable in the same manner as provided by law.	Property liens	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §903.105	Appearance bonds	Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of + See more the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.	Increased fine	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §960.294(2)	Effect of civil restitution liens	APPLICABILITY OF ALL JUDGMENT ENFORCEMENT REMEDIES. — A civil restitution lien order may be enforced by the crime victims, the state and its local subdivisions, or other aggrieved parties named + See more in the civil restitution lien order, in the same manner as a judgment in a civil action, including levy against personal property by the sheriffs of this state and foreclosure against nonexempt real property. The provisions of chapter 726 apply to the transfer of the convicted offender’s assets to a third party and all other judgment enforcement remedies that are available by law.	Property liens	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §945.6038(1)	Inmate litigation costs	(1) The department shall charge an inmate for the following and place a lien on the inmate's trust fund account if the inmate has insufficient funds at the time the + See more charges are imposed:(a) Costs of duplication of documents and accompanying evidentiary materials needed to initiate civil proceedings in judicial or administrative forums or that must be filed or served in a pending civil proceeding. The following costs are authorized: 1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/2 inches; or 2. For all other copies, the actual cost of duplication.	Property liens	All	Yes
Add to Dashboard + Create New	Florida	Fla. Stat. §895.06(2)	Civil investigative subpoenas; public records exemption	(2) A subpoena issued pursuant to this chapter is confidential for 120 days after the date of its issuance. The subpoenaed person or entity may not disclose the existence of the + See more subpoena to any person or entity other than his or her attorney during the 120-day period. The subpoena must include a reference to the confidentiality of the subpoena and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity except the subpoenaed person’s or entity’s attorney is prohibited. The investigative agency may apply ex parte to the circuit court for the circuit in which a subpoenaed person or entity resides, is found, or transacts business for an order directing that the subpoenaed person or entity not disclose the existence of the subpoena to any other person or entity except the subpoenaed person’s attorney for an additional period of time for good cause shown by the investigative agency. The order shall be served on the subpoenaed person or entity with the subpoena, and the subpoena must include a reference to the order and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity in violation of the order may subject the subpoenaed person or entity to punishment for contempt of court. Such an order may be granted by the court only upon a showing: (a) Of sufficient factual grounds to reasonably indicate a violation of ss 895.01-895.06 (b) That the documents or testimony sought appear reasonably calculated to lead to the discovery of admissible evidence; and (c) Of facts that reasonably indicate that disclosure of the subpoena would hamper or impede the investigation or would result in a flight from prosecution.	Increased fine	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §895.06(5)	Civil investigative subpoenas; public records exemption	A person who fails to obey a court order entered pursuant to this section may be punished for contempt of court.	Increased fine	All	No
Add to Dashboard + Create New	Florida	Fla. Stat. §984.09(1)	Punishment for contempt of court; alternative sanctions	Contempt of court; legislative intent. — The court may punish any child for contempt for interfering with the court or with court administration, or for violating any provision of this + See more chapter or order of the court relative thereto. It is the intent of the Legislature that the court restrict and limit the use of contempt powers with respect to commitment of a child to a secure facility. A child who commits direct contempt of court or indirect contempt of a valid court order may be taken into custody and ordered to serve an alternative sanction or placed in a secure facility, as authorized in this section, by order of the court.	Increased fine	All	No

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