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

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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

Answers:

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

Answered 10 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.


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