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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.
14 Results
State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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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)(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)(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 |
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South Dakota | S.D. Codified Laws § 23A-40-11 | Lien for cost of provision of counsel — Limitation |
A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of § 23A-40-6, subdivisions 23A-40-7(2) and (3), or § 26-7A-31 may be filed. The services rendered and expenses incurred are a claim against the person and that person's estate, enforceable according to law in an amount to be determined by a judge of the circuit court or a magistrate judge and paid by the county or municipality chargeable for them. A lien on the parents of a minor child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs.
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Property liens | All | No |
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Utah | Utah Code Ann. § 77-38a-401 | Entry of judgment--Interest--Civil actions--Lien |
(1) Upon the court determining that a defendant owes restitution, the clerk of the court shall enter an order of complete restitution as defined in Section 77-38a-302 on the civil + See morejudgment docket and provide notice of the order to the parties. (2) The order shall be considered a legal judgment, enforceable under the Utah Rules of Civil Procedure. In addition, the department may, on behalf of the person in whose favor the restitution order is entered, enforce the restitution order as judgment creditor under the Utah Rules of Civil Procedure. (3) If the defendant fails to obey a court order for payment of restitution and the victim or department elects to pursue collection of the order by civil process, the victim shall be entitled to recover collection and reasonable attorney fees.
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Property liens | All | Yes |
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Utah | Utah Code Ann. § 77-18-6.5(2) | Liability of rescued person for costs of emergency response |
The judgment shall constitute a lien when recorded in the judgment docket and shall have the same effect and is subject to the same rules as a judgment for money + See morein a civil action.
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Property liens | All | Yes |
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Utah | Utah Code Ann. § 76-3-201.1 | Collection of criminal judgments--collection of civil judgment |
Upon default in the payment of a criminal judgment account receivable or upon default in the payment of any installment of that receivable, the criminal judgment account receivable may be + See morecollected as provided in this section or Subsection 77-18-1(9) or (10), and by any means authorized by law for the collection of a civil judgment.
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Property liens | All | No |
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Utah | Utah Code Ann. § 77-18-6(2)(a) | Judgment to pay fine or restitution constitutes a lien | When a fine, forfeiture, surcharge, cost, fee, or restitution is recorded in the registry of civil judgments, the judgment: (a) constitutes a lien | Property liens | All | No |
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Utah | Utah Code Ann. § 41-1a-1301 | Unpaid fees and penalty--Lien--Seizure and sale |
Every registration fee and penalty not paid by the due date is a lien upon all: i) the unexempt personal property of the owner or operator of the vehicle, vessel, + See moreor outboard motor; and ii) interest or equity of the owner or operator in all personal property, including vehicles, vessels, or outboard motors
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Property liens | Traffic | Yes |
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Utah | Utah Code Ann. § 77-38a-601 | Preservation of assets |
Prior to or at the time a criminal information, indictment charging a violation, or a petition alleging delinquency is filed, or at any time during the prosecution of the case, + See morea prosecutor may, if in the prosecutor's best judgment there is a substantial likelihood that a conviction will be obtained and restitution will be ordered in the case, petition the court to: (a) enter a temporary restraining order, an injunction, or both; (b) require the execution of a satisfactory performance bond; or (c) take any other action to preserve the availability of property which may be necessary to satisfy an anticipated restitution order.
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Property liens | All | No |
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Wyoming | Wyo. Stat. Ann. § 6-6-207 | Assessment of tax when permanent injunction issues; collection; continuing liability for other penalties |
Whenever a permanent injunction issues against any person for maintaining a nuisance or against the owner or agent of any building kept or used for the purposes prohibited by this article, there shall be assessed against the building and the ground upon which it is located and against the person or persons maintaining the nuisance, and the owner or agent of the premises, a tax of three hundred dollars ($300.00). The assessment of the tax shall be made by the assessor of the county in which the nuisance exists and shall be made within three (3) months from the date of granting of the permanent injunction. If the assessor fails or neglects to make the assessment, it shall be made by the sheriff of the county and a return of the assessment shall be made to the county treasurer. The tax may be enforced and collected in the manner prescribed for the collection of taxes under the general revenue laws and shall be a perpetual lien upon all property, both personal and real used for the purpose of maintaining the nuisance. The payment of the tax does not relieve the person or building from any other penalties provided by law and when collected shall be applied and distributed in the manner prescribed by law for the application and distribution of monies arising from the collection of fines and penalties in criminal cases.
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Collection fee/interest, Property liens | All | Yes |
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Wyoming | Wyo. Stat. Ann. § 7-13-109(b),(c) | Payment of jail costs by inmate |
(b) An order to pay room and board costs under this section shall be included as a special order in the judgment of conviction. To satisfy the order, the clerk of the sentencing court, upon request of the sheriff or prosecuting attorney, may issue execution against any assets of the defendant including wages subject to attachment, in the same manner as in a civil action.
(c) Willful failure or refusal to pay costs ordered under this section is punishable as contempt of court. |
Incarceration, Property liens, Wage/bank account garnishment | All | No |
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