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State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Iowa | Rule 2.26(1)(d)(2) | Judgment for fines |
Judgments for fines, in all criminal actions rendered, are liens upon the real estate of the defendant, and shall be entered upon the lien index in the same manner and + See morewith like effect as judgments in civil actions.
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Fines and fees |
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Michigan | Mich. Court R. 1.11 | Time of payment | Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown. | Fines and fees |
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Michigan | Mich. Court R. 6.905(D) | Costs assessed |
(D) Cost. The court may assess cost of legal representation, or part thereof, against the juvenile or against a person responsible for the support of the juvenile, or both. The + See moreorder assessing cost shall not be binding on a person responsible for the support of the juvenile unless an opportunity for a hearing has been given and until a copy of the order is served on the person, personally or by first class mail to the person's last known address.
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Fines and fees |
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Michigan | Mich. Court R. 3.605 | Collection of penalties |
(B) Parties. The civil action for a pecuniary penalty incurred for the violation of an ordinance of a city or village must be brought in the name of the city + See moreor village. Other actions to recover penalties must be brought in the name of the people of the State of Michigan. (C) Judgment on Penalty. In an action against a party liable for a penalty, judgment may be rendered directly against the party and in favor of the other party on motion and showing that the condition has occurred giving rise to the penalty. This subrule does not apply to forfeited civil recognizances under MCR 3.604 or to forfeited criminal recognizances under MCL 765.28. (D) Remission of Penalty. An application for the remission of a penalty, including a bond forfeiture, may be made to the judge who imposed the penalty or ordered the forfeiture. The application may not be heard until reasonable notice has been given to the prosecuting attorney (or municipal attorney) and he or she has had an opportunity to examine the matter and prepare to resist the application. The application may not be granted without payment of the costs and expenses incurred in the proceedings for the collection of the penalty. (E) Duty of Clerk When Fine Without Order for Commitment; Duty of Prosecutor. When a fine is imposed by a court on a person, without an order for the immediate commitment of the person until the fine is paid, the clerk of the court shall deliver a copy of the order imposing the fine to the prosecuting attorney of the county in which the court is held, or the municipal attorney in the case of a fine that is payable to a municipality. The prosecuting attorney (or municipal attorney) shall obtain execution to collect the fine.
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Fines and fees |
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Michigan | Mich. Court R. 6.425(E)(3)(a)-(c) | Incarceration for Nonpayment. |
(a) The court shall not sentence a defendant to a term of incarceration, nor revoke probation, for failure to comply with an order to pay money unless the court finds, + See moreon the record, that the defendant is able to comply with the order without manifest hardship and that the defendant has not made a good faith effort to comply with the order.(b) Payment Alternatives. If the court finds that a defendant is unable to comply with an order to pay money without manifest hardship, the court may impose a payment alternative, such as a payment plan, modification of any existing payment plan, or waiver of part or all of the amount of money owed to the extent permitted by law.(c) Determining manifest hardship. The court shall consider the following criteria in determining manifest hardship: (i) Defendant’s employment status and history.
(ii) Defendant’s employability and earning ability.
(iii) The willfulness of the defendant’s failure to pay.
(iv) Defendant’s financial resources.
(v) Defendant’s basic living expenses, including but not limited to food, shelter, clothing, necessary medical expenses, or child support.
(vi) Any other special circumstances that may have bearing on the defendant’s ability to pay.
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Ability to pay |
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Michigan | Mich. Court R. 1.111(f)(5) | Language interpreters | If a party is financially able to pay for interpretation costs, the court may order the party to reimburse the court for all or a portion of interpretation costs. | Fines and fees |
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Michigan | Mich. Court R. 8.106(E) | Fee for bad checks | NSF Checks. A court may assess costs for reasonable expenses incurred for checks returned to the court due to insufficient funds. | Fines and fees |
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Oklahoma | Okla. R. 8.1 | Rule 8.1. Judicial hearings |
When the Judgment and Sentence of a court, either in whole or in part, imposes a fine and/or costs upon a defendant, a judicial hearing shall be conducted and judicial + See moredetermination made as to the defendant's ability to immediately satisfy the fine and costs. See Section 983(D) of Title 22.
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Ability to pay |
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Oklahoma | Okla. R. 1.11 | Rule 1.11. Application in Forma Pauperis |
Any person who asserts indigency and an inability to pay the filing fees required under these Rules must execute and file with the Clerk of this Court an Affidavit in + See moreForma Pauperis, verified before a notary public or other person authorized to administer oaths, or as specified in Rule 1.13(L). Any false statement of a material fact therein may serve as the basis for prosecution for perjury. PROVIDED HOWEVER, a certified copy of Form 13.4 of these Rules determining indigency for the filing being submitted may be substituted. See Form 13.2. A pleading shall not be considered filed in this Court until such time as the filing fee is paid or an Affidavit in Forma Pauperis is properly filed. This Rule shall not apply to filings of writs of habeas corpus. See 12 O.S.2001 § 1355.
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Ability to pay |
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Oklahoma | Okla. R. 8.5 | Rule 8.5. Inability to pay installments because of physical disability or poverty |
In the event the defendant, because of physical disability or poverty, is unable to pay fine and/or costs either immediately or in installment payments, he/she must be relieved of the + See morefine and/or costs; or, in the alternative, be required to report back to the court at a time fixed by the court to determine if a change of condition has made it possible for the defendant to commence making installment payments toward the satisfaction of fine and/or costs.
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Ability to pay |
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Oklahoma | Okla. R. 8.3 | Rule 8.3. Ordering installment payments and fixing the date |
After a judicial finding that the defendant may be able to pay the fine and/or costs in installments, the court may order the defendant to make payment of installments in + See morereasonable amounts and fix the due date of each payment, and may order the defendant to appear before the court on each due date. In event of imprisonment as a part of the judgment rendered, a determination shall be made as to the defendant's ability to make installment payments after completion of the term of imprisonment. See Section 983(B) of Title 22.
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Ability to pay |
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Oklahoma | Okla. R. 8.4 | Rule 8.4. Failure to make installment payments when due |
If the defendant fails to make an installment payment when due, he/she must be given an opportunity to be heard as to the refusal or neglect to pay the installment + See morewhen due. If no satisfactory explanation is given at the hearing on failure to pay, the defendant may then be incarcerated. If a defendant has the ability to pay but due to exigent circumstances or misfortune fails to make payment of a particular installment when due, he/she may be given further opportunity to satisfy the fine and/or costs, at the discretion of the court, to be governed by the facts and circumstances of each particular case.
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Ability to pay |
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Oklahoma | Okla. R. 8.6 | Rule 8.6. Change of conditions; Incarceration for failure to appear or satisfy fine and/or costs |
At any time so fixed by the court for the defendant to appear on due date of installment or to appear for examination to determine change of condition set out + See morein Rule 8.5, and the defendant fails to appear, he/she may be incarcerated to satisfy the fine and/or costs. In addition, if the defendant fails to pay fine and/or costs in accordance with the court's order, and the court determines the failure to pay was willful in accordance with Rules 8.1, 8.2, 8.3 and 8.4, the defendant may be incarcerated to satisfy the fine and/or costs.
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Fines and fees |