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6-6-681
Section 6-6-681 Judgment in favor of defendant. Judgment must, in like manner, be entered in
favor of the defendant in execution against the sheriff or coroner, on three days' notice,
in the following cases: (1) For failure to pay over on demand any excess of money which may
remain upon a sale under execution after satisfaction thereof and of the costs, for the amount
of such excess and five percent per month after demand; (2) For failing to return an execution
wholly or partially satisfied, for 25 percent on the amount paid; and (3) For failing to pay
over on demand money paid or collected on an execution, the whole or any part of which is
enjoined, for the amount so enjoined and five percent per month on the amount from the time
of the demand. (Code 1852, §§2608-2611; Code 1867, §§3038-3041; Code 1876, §§3363-3366;
Code 1886, §§3107-3110; Code 1896, §§3775-3778; Code 1907, §§5911-5914; Code 1923, §§10238-10241;
Code 1940, T. 7, §596.)...
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6-5-543
shall revert to the judgment debtor. (g) In the event periodic payments are ordered under this
section, the court shall order the judgment marked satisfied when the judgment debtor satisfies
the court that he is adequately insured or posts security sufficient to assure full payment
of such damages or purchases an annuity of sufficient value as set out in subsection (c) of
this section. (h) It is the intent of the Legislature in enacting this section to require
the entry of judgments in malpractice actions against health care providers which provide
for the payment of future damages in excess of $150,000 through periodic payments rather than
lump sum payments. By authorizing periodic payment of judgments as required herein it is the
intent of the Legislature that the courts will utilize such judgments to provide compensation
sufficient to meet the needs of an injured plaintiff and those persons who are dependent upon
the plaintiff for the period of years during which said future...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-543.htm - 9K - Match Info - Similar pages
6-6-201
Section 6-6-201 Statement of assets - Order to appear before court for oral examination; production
of papers, etc. After the filing in court of such statement and such judgment remaining unsatisfied,
upon the filing in said court by the judgment creditor or the attorney of record for such
judgment creditor of an affidavit stating that such statement to the best of affiant's knowledge,
information, and belief does not contain a full, true, and correct statement and description,
of such assets as required in this division, the court shall make an order requiring such
judgment debtor or debtors, when the judgment is against a person or firm, or the agent or
agents of such debtor corporations to appear before such court on a day to be set by the court,
not less than 10 days' notice of which order shall be served upon such judgment debtor, to
submit to an oral examination, under oath, touching the nature, location, description, and
value of such assets and, to this end, may require the...
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10A-8A-4.01
Section 10A-8A-4.01 Partner's rights and duties. (a) Each partner is deemed to have an account
that is: (1) credited with an amount equal to the money plus the value of any other property,
net of the amount of any liabilities, the partner contributes to the partnership and the partner's
share of the partnership profits; and (2) charged with an amount equal to the money plus the
value of any other property, net of the amount of any liabilities, distributed by the partnership
to the partner and the partner's share of the partnership losses provided that a partner shall
not be charged with any share of partnership loss attributable to a debt, obligation, or liability
for which the partner is not personally liable under Section 10A-8A-3.06 unless the loss is
satisfied out of partnership assets. (b) Each partner is entitled to an equal share of the
partnership profits and, subject to the limitations in subsection (a)(2) of this section,
is chargeable with a share of the partnership losses...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-4.01.htm - 3K - Match Info - Similar pages
33-5A-8
Section 33-5A-8 Right of redemption. (a) Where a vessel, or an interest in a vessel, is sold
under this chapter, the vessel may be redeemed by any of the following: (1) The debtor, including
any surety or guarantor. (2) A judgment creditor, or its transferee. (3) A transferee of the
interests of the debtor, either before or after the sale. A transfer of any kind made by the
debtor will accomplish a transfer of the interests of that party. (4) The spouse of a debtor,
or transferee of any interest of the debtor, who is a spouse on the day of the execution,
judgment, or foreclosure sale. (5) Children, heirs, or devisees of the debtor. (b) All persons
named or enumerated in subdivisions (a) (1) through (a) (5) may exercise the right of redemption
granted by this section within 90 days from the date of the sale. (c) (1) When any judgment
creditor or any transferee of a judgment creditor redeems under this section, all recorded
judgments, and recorded liens having a higher recorded priority...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-5A-8.htm - 3K - Match Info - Similar pages
41-16A-5
Section 41-16A-5 Permissible contract provisions; general and limited obligation distinction
may be made; allowable pledge payment sources; classification of entity's contracting and
contracts. (a) Alternative financing contracts may be for such term, provide for such renewal
or extension options, provide for such terminating events, provide for the payment of such
rentals, purchase installments, purchase price, and other amounts, and contain such other
terms, provisions, and conditions as the governmental entity shall deem appropriate, and without
limitation to the generality of the foregoing, may contain terms and conditions substantially
similar to any one or more of the following: (1) Provisions for the automatic renewal of the
alternative financing contract for one or more successive periods unless affirmative action
is taken by the governmental entity to terminate such alternative financing contract, and,
if desired, specifying the nature of such affirmative action sufficient to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16A-5.htm - 12K - Match Info - Similar pages
27-32-20
Section 27-32-20 Claims in delinquency proceedings - Priorities. (a) In a delinquency proceeding
against an insurer domiciled in this state, claims owing to residents of ancillary states
shall be preferred claims if like claims are preferred under the laws of this state. All such
claims owing to residents or nonresidents shall be given equal priority of payment from general
assets regardless of where such assets are located. (b) In a delinquency proceeding against
an insurer domiciled in a reciprocal state, claims owing to residents of this state shall
be preferred if like claims are preferred by the laws of that state. (c) The owners of special
deposit claims against an insurer for which a receiver is appointed in this or any other state
shall be given priority against their several special deposits in accordance with the provisions
of the statutes governing the creation and maintenance of such deposits. If there is a deficiency
in any such deposit so that the claims secured thereby...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-20.htm - 2K - Match Info - Similar pages
8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
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10A-1-6.22
Section 10A-1-6.22 General scope of permissive indemnification. (a) Except as otherwise provided
by subsection (d) and subject to subsection (b), an enterprise may indemnify a governing person,
former governing person, or delegate against a judgment, penalty, settlement, or fine, including
an excise or similar tax or an excise tax assessed against the person regarding an employee
benefit plan, and against reasonable expenses actually incurred by the person in connection
with a proceeding. (b) Indemnification under this chapter of a person who is found liable
to the enterprise or is found liable because the person improperly received a personal benefit:
(1) is limited to reasonable expenses actually incurred by the person in connection with the
proceeding; and (2) may not be made in relation to a proceeding in which the person has been
found liable for: (A) willful or intentional misconduct in the performance of the person's
duty to the enterprise; (B) breach of the person's duty of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-6.22.htm - 2K - Match Info - Similar pages
6-9-23
Section 6-9-23 When execution to issue - Fraudulent disposal or removal of property by defendant.
After the entry of judgment and before the expiration of the time limited by the Alabama Rules
of Civil Procedure, on affidavit being made and filed that the defendant is about fraudulently
to dispose of or remove his property and that thereby the plaintiff will probably lose his
debt, the clerk or register must issue execution against the property of the defendant. (Code
1852, §2427; Code 1867, §2842; Code 1876, §3184; Code 1886, §2887; Code 1896, §1885;
Code 1907, §4083; Acts 1915, No. 206, p. 270; Code 1923, §7798; Code 1940, T. 7, §511.)...
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