If I am indigent, can I be incarcerated for not paying court ordered restitution?

UPDATED: Aug 21, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 21, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I am indigent, can I be incarcerated for not paying court ordered restitution?

I was recently violated for not paying $400 a month. And now I have to go in front of the judge.

Asked on August 21, 2011 New York


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good afternoon,

Thanks for posting to our site. To get right to your question yes you can be. You cannot arbitrarily choose not to make court ordered restitution payments. If your financial situation does not allow you to make the full payment or it has changed from when the amount was determine you need to make a motion for reconsideration with the court.

Unless you do that you are simply in violation as it is not your right to pick and choose when to follow a court order. If your situation changed and the amount is too high prepare all your financials prior to the hearing date and in the mean time make a motion for reconsideration so it is on the docket when your case comes up.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption