34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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6-6-463
Section 6-6-463 Disposition of claims of other persons suggested by garnishee. (a) When the
garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges,
at any time before final judgment against him, that he has been notified that another person
claims title to, or an interest in, the debt, demand, money, or effects which, by his answer,
he has admitted to be due or owing or to be in his possession, the clerk must issue notice
to the suggested claimant to appear within 30 days after service of the notice and propound
his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto,
upon which the plaintiff must take issue in law or in fact, and the issue in fact must be
tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment
must be entered against the garnishee on his answer or, if for the...
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13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures;
hearing; forfeiture action; action for money judgment. (a) The following property is subject
to forfeiture: (1) All obscene material and material which is harmful to minors used, intended
to be used or obtained in violation of the provisions of this division; (2) All moneys, negotiable
instruments, and funds used, intended to be used, or obtained in any violation of the provisions
of this division; (3) All proceeds or receipts derived from property which is subject to forfeiture
pursuant to subdivisions (a)(1) and (a)(2) of this section. (b) Property taken or detained
under this section shall not be subject to replevin but is deemed to be in the custody of
the state, county or municipal law enforcement agency subject only to the orders and judgment
of the court having jurisdiction over the forfeiture proceedings. When property is seized
under this division, the state, county or municipal law...
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33-5-100
Section 33-5-100 Unauthorized alteration or removal of identification number or registration
information; forfeiture. (a) As used in this section, the following words have the following
meanings: (1) FALSIFY. The term includes alter and forge. (2) IDENTIFIABLE COMPONENT PART.
The term includes any part of a vessel or outboard motor that has an identifying number stamped,
molded, engraved, cast, or placed on it by the manufacturer or any part that can be identified
by other means as being a part of a particular vessel or outboard motor. (3) IDENTIFICATION
NUMBER. The term includes an identifying number, engine number, outboard motor number, or
other distinguishing number or mark placed on a vessel, outboard motor, vessel trailer, or
the engine, transmission, or other component part of a vessel, by its manufacturer or by authority
of the Department of Conservation and Natural Resources or in accordance with the laws of
another state or country. (4) REMOVE. The term includes deface,...
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15-13-65
Section 15-13-65 Return of cash deposit upon surrender by defendant. If money has been deposited
instead of bail and at any time before the forfeiture thereof the defendant surrenders himself
to the officer to whom the commitment was directed, the court must order a return of the deposit
to the defendant upon producing the certificate of the officer showing the surrender. (Acts
1949, No. 199, p. 230.)...
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15-13-62
Section 15-13-62 Exoneration of bail by surrender of defendant prior to conditional judgment;
bail may arrest or authorize arrest of principal. Bail may, at any time before a conditional
judgment is entered against them, exonerate themselves by surrendering the defendant; and
for that purpose, they may arrest the defendant on a certified copy of the undertaking at
any place in the state, or may authorize another person to arrest him by an endorsement in
writing on such copy. (Code 1852, §609; Code 1867, §4250; Code 1876, §4859; Code 1886,
§4429; Code 1896, §4371; Code 1907, §6351; Code 1923, §3384; Code 1940, T. 15, §209;
Acts 1949, No. 199, p. 230.)...
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15-13-21
Section 15-13-21 Form and requisites of bail not taken in open court. When not taken in open
court, the undertaking of bail must be in writing, signed by the defendant and at least two
sufficient sureties and approved by the court or officer taking the same, and may be substantially
in the following form: The State of ) We, A. B., C. D., and E. F. agree to pay to the State
of Alabama) Alabama ______ dollars (the sum prescribed by the court _____ County) or officer)
unless the said A. B.appears at the next session of the ____ court of ____ County, and from
session to session thereafter until discharged by law, to answer a criminal prosecution for
the offense of _____ (specifying the particular offense with which he is charged.) (Signed)
A.B. C.D. E.F. (Code 1852, §688; Code 1867, §4239; Code 1876, §4847; Code 1886, §4420;
Code 1896, §4362; Code 1907, §6342; Code 1923, §3375; Code 1940, T. 15, §200; Acts 1949,
No. 199, p. 230.)...
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15-13-26
Section 15-13-26 When new undertaking may be required. The court before which any defendant
is bound to appear may require him to enter into a new undertaking when it appears to the
court that the original undertaking was insufficient when entered into or has since become
insufficient from any cause whatever. (Code 1852, §702; Code 1867, §4253; Code 1876, §4862;
Code 1886, §4426; Code 1896, §4368; Code 1907, §6348; Code 1923, §3381; Code 1940, T.
15, §206.)...
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15-11-12
Section 15-11-12 Requiring witnesses to enter undertaking; form of undertaking. (a) The court
may require the witnesses for the prosecution to enter into an undertaking, in the sum of
$100.00 each, to appear and testify at the court having cognizance of the offense and, if
requested by the defendant, may require his witnesses to enter into such undertaking. (b)
The undertaking of the witnesses for the prosecution or defense may be in substance as follows:
"The State of Alabama, ) We, A.B., C.D., and E.F., witnesses against (or for, as the
case may be), G.H., ___ County, ) charged with a public offense, do each agree to appear at
the district court of _____ County, to give evidence against (or for, as the case may be)
him and, failing to do so, to pay to the State of Alabama (or to the said G. H., if the undertaking
is for the defendant's witnesses) $100.00. Dated this _____ day of _____, 20__. (Signed) A.B.
C.D. E.F. Taken by L. M., Judge, District Court." (c) Whenever the court...
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