|
12-12-30
Section 12-12-30 Civil jurisdiction generally. The original civil jurisdiction of the district
court of Alabama shall be uniform throughout the state, concurrent with the circuit court,
except as otherwise provided, and shall include all civil actions in which the matter in controversy
does not exceed twenty thousand dollars ($20,000), exclusive of interest and costs, and civil
actions based on unlawful detainer; except, that the district court shall not exercise jurisdiction
over any of the following matters: (1) Actions seeking equitable relief other than: a. Equitable
questions arising in juvenile cases within the jurisdiction of the district court. b. Equitable
defenses asserted or compulsory counterclaims filed by any party in any civil action within
the jurisdiction of the district court. (2) Any actions enumerated in Rule 81 of the Alabama
Rules of Civil Procedure other than any of the following: a. Actions based in negligence against
municipalities. b. Actions seeking...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-12-30.htm - 1K - Match Info - Similar pages
26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-152.htm - 7K - Match Info - Similar pages
16-64-1
Section 16-64-1 Definitions. For the purposes of this chapter, the following terms have the
following meanings: (1) MINOR. An individual who, because of age, lacks the capacity to contract
under Alabama law. Under current law, this means a single individual under 19 years of age
and a married individual under 18 years of age, but excludes an individual whose disabilities
of nonage have been removed by a court of competent jurisdiction for a reason other than establishing
a legal residence in Alabama. If current law changes, this definition shall change accordingly.
(2) RESIDENCE. The single location at which a person resides with the intent of remaining
in that location indefinitely as evidenced by more substantial connections with that place
than with any other place. (3) RESIDENT. One whose residence is in the State of Alabama. (4)
RESIDENT/NONRESIDENT STUDENT. In determining resident or nonresident classification, the primary
issue is one of intent. If a person is in Alabama...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-64-1.htm - 1K - Match Info - Similar pages
6-9-210
Section 6-9-210 Certificate of clerk or register to be filed with probate judge; registration
and indexing by probate judge. The owner of any judgment entered in any court of this state
or of the United States held in this state may file in the office of the judge of probate
of any county of this state a certificate of the clerk or register of the court by which the
judgment was entered, which certificate shall show the style of the court which entered the
judgment, the amount and date thereof, the amount of costs, the names of all parties thereto
and the name of the plaintiff's attorney and shall be registered by the judge of probate in
a book to be kept by him for that purpose, which said register shall also show the date of
the filing of the judgment. Said judge shall make a proper index to said book, which shall
also show under the proper letter or letters of the alphabet the names of each and every defendant
to said judgment, and such judgments shall be recorded in chronological...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-210.htm - 1K - Match Info - Similar pages
19-3B-503
Section 19-3B-503 Exceptions to spendthrift provision. (a) In this section, "child"
includes any person for whom an order or judgment for child support has been entered in this
or another state. (b) A spendthrift provision is unenforceable against: (1) a beneficiary's
child, spouse, or former spouse who has a judgment or court order against the beneficiary
for support or maintenance; (2) a judgment creditor who has provided services for the protection
of a beneficiary's interest in the trust; and (3) a claim of this state or the United States
to the extent a statute of this state or federal law so provides. (c) A claimant against whom
a spendthrift provision cannot be enforced may obtain from a court an order attaching present
or future distributions to or for the benefit of the beneficiary. The court may limit the
award to such relief as is appropriate under the circumstances. (Act 2006-216, p. 314, ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-503.htm - 1K - Match Info - Similar pages
12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise original
jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant
to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under the respective
legal age to marry, to be employed, withdraw from school, or enlist in military service when
this consent is required by law. (3) Proceedings for the commitment of a minor or child with
mental illness or an intellectual disability to the Department of Mental Health, as provided
in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the adoption of a child
when these proceedings have been transferred from probate court as provided by law. (5) Proceedings
for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title
26. (6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage
Act, Chapter 17 of Title 26. (7)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-115.htm - 2K - Match Info - Similar pages
41-9-65
Section 41-9-65 Limitation periods for presentation of claims. (a) Unless otherwise provided
in this section, all claims must be presented to the Board of Adjustment within one year after
the cause of action accrues. (b) Claims for injury to the person resulting in death must be
presented to the Board of Adjustment within two years after the cause of action accrues, unless
the same is first carried into the courts of the state, in which event the statute of limitations
shall not begin to run until the date on which a final judgment in the same, holding the claimant
not entitled to relief through the courts of the state, is entered. (c) In the matter of escheats
to the State of Alabama, any such claim must be filed with the Board of Adjustment within
10 years from the time of the escheat to the State of Alabama; except, that the claims of
minors may be considered by the Board of Adjustment if the claims are filed within three years
after the minor has reached the age of 19 years. (d)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-65.htm - 3K - Match Info - Similar pages
19-3B-504
Section 19-3B-504 Discretionary trusts; effect of standard. (a) In this section, the terms
"child", "spouse", or "former spouse" include any person for
whom an order or judgment for child or spousal support has been entered in this or another
state. (b) Except as otherwise provided in subsection (c), whether or not a trust contains
a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is
subject to the trustee's discretion, even if: (1) the discretion is expressed in the form
of a standard of distribution; or (2) the trustee has abused the discretion. (c) To the extent
a trustee has not complied with a standard of distribution or has abused a discretion: (1)
a distribution may be ordered by the court to satisfy a judgment or court order against the
beneficiary for support or maintenance of the beneficiary's child, spouse, or former spouse;
and (2) the court shall direct the trustee to pay to the child, spouse, or former spouse such
amount as is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-504.htm - 2K - Match Info - Similar pages
30-3-61
Section 30-3-61 Withholding order required in child support orders; employer to withhold support
from income due and pay to designee; income withholding order issued by another state; when
order served on employer; delinquency of support payments. (a) Any provision of Section 8-5-21,
to the contrary notwithstanding, any original decree, judgment, or order issued by a court
of this state for the payment of support, any decree or judgment entered pursuant to a petition
to modify an original decree or award of support, any decree or judgment of contempt of court
for failure to pay support as previously ordered by a court of this state, or any decree or
judgment for criminal or civil nonsupport shall include as a separate section a withholding
order subject to subsection (c) of this section directing any employer of the obligor to withhold
and pay over to the clerk of the court or the Department of Human Resources, or its designee,
whichever is appropriate, out of income due or to become...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-61.htm - 6K - Match Info - Similar pages
27-10-53
Section 27-10-53 Defense of action or proceeding by insurer. (a) Before an unauthorized insurer
shall file, or cause to be filed, any pleading in any action or proceeding instituted against
it under Sections 27-10-51 and 27-10-52, such insurer shall: (1) Procure a certificate of
authority to transact insurance in this state; or (2) Deposit with the clerk of the court
in which such action or proceeding is pending cash or securities or file with such clerk a
bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed
by the court sufficient to secure the payment of any final judgment which may be entered in
such action. The court may, in its discretion, make an order dispensing with such deposit
or bond where the insurer makes a showing satisfactory to the court that it maintains in a
state of the United States funds or securities, in trust or otherwise, sufficient and available
to satisfy any final judgment which may be entered in such action or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-10-53.htm - 2K - Match Info - Similar pages
|