Poverty Penalties and Poverty Traps

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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.

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State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Arizona Ariz. Rev. Stat. Ann. § 13-802(E) Fines for misdemeanors

A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in

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a civil action.

Property liens Misdemeanor Yes
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Arizona Ariz. Rev. Stat. Ann. § 13-804(L) Restitution for offense causing economic loss; fine for reimbursement of public monies; notification of arrearage; review hearing

Notwithstanding any other law, a restitution lien is created in favor of a victim of the defendant ordered to make restitution. Monies received monthly from the defendant shall be applied

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first to satisfy the restitution order entered by the court and the payment of any restitution in arrears. Any monies that are owed by this state to a person who is under a restitution order shall be assigned first to discharge the restitution order, including any tax refund that is owed to the defendant.

Property liens All Yes
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Arizona Ariz. Rev. Stat. Ann. § 13-810(D)(3) Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs

3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated

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for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.

Property liens All No
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Arizona Ariz. Rev. Stat. Ann. § 13-801(B) Fines for felonies

A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in

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a civil action.

Property liens Felony No
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Arizona Ariz. Rev. Stat. Ann. § 13-806 Restitution Lien

A. The state or any person entitled to restitution pursuant to a court order may file inaccordance with this section a  restitution lien. A filing fee, recording fee or any

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other charge is not required for filing a restitution lien.

Property liens All No
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Arizona Ariz. Rev. Stat. Ann. § 22-429(C) Judgment; imprisonment for fine; limitation; lien

A sentence that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a

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civil action.

Property liens All Yes
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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
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the 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
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
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the 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.
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
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of the defendant, which lien dates from the date of the defendant's arrest.
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

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in conjunction with the care, impoundment, seizure, or disposal of an animal. The expenses shall be a lien upon the animal.

Property liens All No