19-3-28
Section 19-3-28 Notice to creditors. Upon the making of such order the register or clerk must
give notice thereof by mail, postage prepaid, to each creditor whose name and address he may,
by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record
of the deed of assignment in the office of the judge of probate, or any other available source
of information, and must also give notice by publication once a week for three successive
weeks in a newspaper published in the county, or if there be no such paper, by posting the
notice at the courthouse door for the same length of time. Such notice may be substantially
in the following form: "To the creditors of A.B., of _____: "The said A.B., having
made an assignment for the benefit of creditors, and C.D. having filed his petition for the
administration of such trust by the circuit court, and the circuit judge having made an order
designating the _____ day of _____, as a day by or on which all claims of...
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19-3-29
Section 19-3-29 Presentation of claims; verification; receipt. All claims against the trust
estate must be presented by or on the day specified in such order and notice, by filing the
claim, or a statement thereof, in the office of the register or clerk, verified as claims
against the estate of a decedent are required to be verified, before a notary public or other
officer authorized to take and certify affidavits within or beyond the state; and all claims
not so presented are precluded from sharing in the assignment or participating in any dividend
that may be made from the trust estate, until all presented and allowed claims shall have
been paid in full. But when a claim has been so presented prior to giving of such notice,
a second presentation is not necessary. Any defect or insufficiency in the affidavit may be
remedied by amendment at any time. The register or clerk must give to the creditor, his agent
or attorney a receipt for his claim, and must indorse thereon the date of...
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19-3-37
Section 19-3-37 Examination and auditing of account; judgment. Upon the day so appointed, or
any day to which the hearing may be continued, the register or clerk must proceed to examine
and audit the account; and upon such auditing, the assignor or any creditor or party in interest,
his representative or transferee, may move the register or clerk to charge the trustee with
sums other than those with which he has charged himself, or may object to the allowance of
any item for which he claims credit; and such matters must be heard and the account stated
and passed upon by the register or clerk and distribution made and judgment to creditors as
in insolvent estates administered in the court of probate; and after deducting the costs and
expenses of administration, including five percent commissions to the trustee on the amount
of money with which he is charged, and the allowance of reasonable charges for the preparation
of the deed of assignment, and after the discharge of all liens or...
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19-3-36
Section 19-3-36 Time for settlement; notice to creditors. Upon the filing of such account the
register or clerk must appoint a day, not less than 20 nor more than 60 days thereafter, to
hear and pass upon the account, and must give notice thereof by mail, postage prepaid, to
each creditor, his agent or attorney and to the assignor. (Code 1896, §4168; Code 1907, §6070;
Code 1923, §10407; Code 1940, T. 58, §24.)...
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19-3-21
Section 19-3-21 Contents of application; notice of hearing. The application must be in writing,
verified by affidavit, must state the nature and character of the trust and of the interest
of the applicant therein and must state, in the opinion of the applicant, said interest is,
or will be endangered, if bond with sureties is not required of such trustee; and, on the
filing of such petition, the register or clerk must appoint a day for the hearing thereof,
of which not less than five days' notice, by the service of summons to appear and answer,
must be given the trustee, if he resides in the state, and if he resides without the state,
notice must be given by publication for three successive weeks in some newspaper published
in the county, if there be such paper, and if there be not, in the paper published nearest
to such county. (Code 1886, §3550; Code 1896, §4153; Code 1907, §6055; Code 1923, §10392;
Code 1940, T. 58, §9.)...
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19-3-40
Section 19-3-40 Sale of real estate; notice to creditors. The trustee may make sale of any
real estate or interest therein belonging to the trust estate, at public outcry to the highest
bidder, after giving notice thereof by publication once a week for three successive weeks
in a newspaper published in the county where the real estate is situated, or, if there be
no such paper, by posting notice at the courthouse door for the same length of time; and of
such sale the trustee must also give notice by mail, postage prepaid, to each creditor, in
time to reach him 10 days before the day of sale. But nothing contained in this section shall
prevent the assignee from exercising the powers of sale or other powers conferred by the deed
of assignment, unless specially restrained from so doing by an order made in writing by the
circuit judge and filed in the court. (Code 1896, §4172; Code 1907, §6074; Code 1923, §10411;
Code 1940, T. 58, §28.)...
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12-19-90
1.00 (17) Examining and entering decree or other order ..... 3.00 (18) Drafting decree .....
10.00 (19) Each certificate with seal 3.00 (20) Each certificate without seal ..... 3.00 (21)
Filing and docketing each claim ..... 3.00 (22) Filing and recording, including recording
documents filed for record, irrespective of size type, per page ..... 3.00 (23) Filing and
recording all oil, gas, mineral and/or coal leases, per page ..... 3.00 (24) If the instrument
conveys any interest in real or personal property within this state and recites more
than two grantors or grantees, mortgagors or mortgagees, lessors or lessees, transferors or
transferees, assignors or assignees, buyers or sellers, or vendors or vendees, an additional
fee for indexing each name in excess of two entered in the direct index or two entered in
the reverse index ..... 1.00 (25) Copy of an instrument, per page ..... 1.00 (26) Each entry
of an estray, to be paid by taker ..... 3.00 (27) Each record of a mark or brand...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal,
of any employer subject to this chapter. The lien shall arise at the time the contribution
report, or the payment of the contributions, as the case may be, was due to have been filed
with or made to the Department of Labor. The secretary may file in the office of the judge
of probate of any county in this state a certificate which shall show the name of the department
for which it is filed, the amount and nature of the contributions, interest, and penalties
for which a lien is claimed together with any costs that may have accrued, the name of the
employer against whose property a lien for such contributions, interest, and penalties is
claimed and the date thereof. An error in the certificate of the amount shall not...
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40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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19-2-4
Section 19-2-4 Notice of petition; representation by attorney. Notice of any petition to remove
a fiduciary in war service and the day appointed to hear the same must be given to him by
the register or clerk by registered or certified mail, postage prepaid, addressed to him at
his post-office address, if known, or by publication once a week for four consecutive weeks
in some newspaper published in the county, and if no newspaper is published in the county
by posting at the courthouse door and three other public places in the county. If said fiduciary
does not personally appear therein, or is not represented by an authorized attorney, the court
may appoint an attorney to represent him and a reasonable fee, to be taxed as a part of the
costs of such proceedings, may be allowed to said attorney so appointed. Notice of said petition
and the time appointed to hear the same must be given by the register or clerk to all other
parties interested in the trust fund or the estate being...
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