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12-19-271
Section 12-19-271 Definitions. The following words and phrases as used in this article, have
the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase "without substantial justification",
when used with reference to any action, claim, defense or appeal, including without limitation
any motion, means that such action, claim, defense or appeal (including any motion) is frivolous,
groundless in fact or in law, or vexatious, or interposed for any improper purpose, including
without limitation, to cause unnecessary delay or needless increase in the cost of litigation,
as determined by the court. (2) PERSON. Any individual, corporation, company, association,
firm, partnership, society, joint stock company, or any other entity, including any governmental
entity or unincorporated association of persons. (3) ACTION. Any suit, counterclaim, crossclaim
or third party claim filed at law or in equity, including any...
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26-1A-212
Section 26-1A-212 Claims and litigation. Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to claims and litigation authorizes
the agent to: (1) assert and maintain before a court or administrative agency a claim, claim
for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action
to recover property or other thing of value, recover damages sustained by the principal, eliminate
or modify tax liability, or seek an injunction, specific performance, or other relief; (2)
bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or
intermediate relief and use an available procedure to effect or satisfy a judgment, order,
or decree; (4) make or accept a tender, offer of judgment, or admission of facts, submit a
controversy on an agreed statement of facts, consent...
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12-19-71
Section 12-19-71 Circuit and district court filing fee - Amount. (a) The filing fees which
shall be collected in civil cases shall be: (1) Thirty-five dollars ($35) for cases filed
on the small claims docket of the district court in which the matter in controversy, exclusive
of interest, costs, and attorney fees, totals one thousand five hundred dollars ($1,500) or
less; provided, however, if attorney fees have been allowed by applicable state law or contract,
the amount of these fees shall be added to the amount of the matter in controversy above in
determining the jurisdictional amount. (2) One hundred nine dollars ($109) for cases filed
on the small claims docket of the district court in which the matter in controversy, exclusive
of interest, costs, and attorney fees, exceeds one thousand five hundred dollars ($1,500)
but does not exceed three thousand dollars ($3,000); provided, however, if attorney fees have
been allowed by applicable state law or contract, the amount of these...
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31-2-89
Section 31-2-89 Actions against members of military court, etc., as to sentences, warrants,
etc.; actions against officers or enlisted men for acts performed in line of duty; defense
of actions against present or former members of National Guard at state expense. No action
or proceedings shall be prosecuted or maintained against a member of a military court or officer
or person acting under its authority or reviewing its proceedings on account of the approval
or imposition or execution of any sentence or any warrant, writ, execution, process, or mandate
of a military court, nor shall any officer or enlisted man be liable to civil action or criminal
prosecution for any act done while in the discharge of his military duty, which act was done
in the line of duty. If a civil action shall be commenced in any court by any person against
any present or former member of the National Guard of this state for any act done by such
present or former member while on any duty under this chapter, or...
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36-15-4.2
Section 36-15-4.2 Attorney General's Litigation Support Fund. (a) There is established in the
State Treasury a special fund to be known as the Attorney General's Litigation Support Fund.
(b) The fund shall consist of any and all monies designated by a court order as reasonable
attorney fees and related expenses or negotiated fees and related expenses for matters settled
out of court, and penalties paid in certain cases received by the Attorney General pursuant
to this section as a result of any fees, fines, restitution, forfeitures, penalties, costs,
interest, or judgments collected pursuant to any civil litigation, or any administrative proceedings,
or in settlement of any claim asserted by or against the people of Alabama, the State of Alabama,
or any of its departments, agencies, institutions, officers, employees, or political subdivisions
thereof. Notwithstanding the foregoing, the fees, fines, restitution, forfeitures, penalties,
costs, interest, or judgements shall not be...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-78.htm - 3K - Match Info - Similar pages
7-9A-404
Section 7-9A-404 Rights acquired by assignee; claims and defenses against assignee. (a) Assignee's
rights subject to terms, claims, and defenses; exceptions. Unless an account debtor has made
an enforceable agreement not to assert defenses or claims, and subject to subsections (b)
through (e), the rights of an assignee are subject to: (1) all terms of the agreement between
the account debtor and assignor and any defense or claim in recoupment arising from the transaction
that gave rise to the contract; and (2) any other defense or claim of the account debtor against
the assignor which accrues before the account debtor receives a notification of the assignment
authenticated by the assignor or the assignee. (b) Account debtor's claim reduces amount owed
to assignee. Subject to subsection (c) and except as otherwise provided in subsection (d),
the claim of an account debtor against an assignor may be asserted against an assignee under
subsection (a) only to reduce the amount the account...
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6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and value
thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
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6-7-103
Section 6-7-103 Action for improper appointment of guardians ad litem; statute of limitations
thereon; liability for suggestion of appointment by plaintiff, etc. (a) Any judge, register,
clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any
infant or non compos mentis in violation of the provisions of the Alabama Rules of Civil Procedure,
shall be liable to a penalty of $200, which may be recovered by such infant or non compos
mentis, or his next friend suing for him, in an action in any court having jurisdiction of
civil actions for such amount. Such a claim shall not be barred by the statute of limitations
until after two years after the arrival of the infant at the age of 19 years or the restoration
of the non compos mentis to sanity. (b) Any plaintiff or petitioner, his attorney, or counsel,
or any person for him who shall suggest or nominate a guardian ad litem in any action commenced
by such plaintiff or petitioner shall be liable to the same...
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8-19-10
Section 8-19-10 Private right of action. (a) Any person who commits one or more of the acts
or practices declared unlawful under this chapter and thereby causes monetary damage to a
consumer, and any person who commits one or more of the acts or practices declared unlawful
in subdivisions (19) and (20) of Section 8-19-5 and thereby causes monetary damage to another
person, shall be liable to each consumer or other person for: (1) Any actual damages sustained
by such consumer or person, or the sum of $100, whichever is greater; or (2) Up to three times
any actual damages, in the court's discretion. In making its determination under this subsection,
the court shall consider, among other relevant factors, the amount of actual damages awarded,
the frequency of the unlawful acts or practices, the number of persons adversely affected
thereby, and the extent to which the unlawful acts or practices were committed intentionally;
and (3) In the case of any successful action or counterclaim to...
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