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When You Cannot Pay

N.J.S.A. 2B:12-23.1 — community service or installments in municipal court, and relief after a default

At the hearing. If a municipal court finds a person cannot pay a penalty in full or has failed to pay one, it may order community service instead, or payment in installments over a period it sets.

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  • Reduce or suspend the penalty, or modify the installment plan.
  • Give credit for each day of confinement already served for the default.
  • Revoke the unpaid part if circumstances changed or payment would be unjust.
  • Order community service instead.
  • Impose another lawful alternative to payment.

Those are what the court may do after a default when it finds the person does not have the ability to pay. Restitution is not a penalty under the section.

Restitution to a victim, license holds for unpaid fines, and the constitutional rule against jailing someone only for being poor are not set out on this page. What a court will do in a particular case is a question for a licensed New Jersey attorney.

Sources for this section (1)
  1. N.J.S.A. 2B:12-23.1 — Municipal court penalties in installments, and alternatives

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.

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