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13A-6-157.1
Section 13A-6-157.1 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR
SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In addition
to any other remedy under this article, if the Attorney General has reason to believe that
any person, corporation, or any other legal entity is engaging in, has engaged in, or is about
to engage in any act or practice declared to be unlawful by this article, the Attorney General
may bring an action in the name of the state in the appropriate state court against the person,
corporation, or entity to restrain by temporary restraining order, or temporary or permanent
injunction, the acts or practices. (b) In addition to any other remedy under this article,
the Attorney General may bring a civil action on behalf of the state in the appropriate state
court to recover actual damages for victims of acts or practices performed in violation of
this article. (c) Venue for any action brought under this section is...
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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The
administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, §8102; Acts...
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26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section
26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction
if it determines at any time that a court of another state is a more appropriate forum. (b)
If a court of this state declines to exercise its jurisdiction under subsection (a), it shall
either dismiss or stay the proceeding. The court may impose any condition the court considers
just and proper, including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state. (c) In determining whether
it is an appropriate forum, the court shall consider all relevant factors, including: (1)
any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of
the respondent has occurred or is likely to occur and which state could best protect the respondent
from the abuse, neglect, or exploitation; (3) the...
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27-12A-9
Section 27-12A-9 Administrative cease and desist authority. Whenever it appears to the commissioner
that any person has engaged in or is about to engage in any act or practice constituting a
violation of any provision of this chapter or any rule or order hereunder, the commissioner
may, in the commissioner's discretion, do either or both of the following: (1) Issue a cease
and desist order, with or without a prior hearing, against the person or persons engaged in
the prohibited activities, directing them to cease and desist from engaging in the act or
practice. (2) Bring an action in any court of competent jurisdiction to enjoin the act or
practice and to enforce compliance with this chapter or any rule or order issued hereunder.
Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus
shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's
assets. In addition, upon a proper showing by the commissioner,...
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27-32-30
Section 27-32-30 Claims upon liquidation of insurer - Allowance. (a) No contingent and unliquidated
claim shall share in a distribution of the assets of an insurer which has been adjudicated
to be insolvent by an order made pursuant to this chapter; except, that such claim shall be
considered, if properly presented, and may be allowed to share where: (1) Such claim becomes
absolute against the insurer on or before the last day for filing claims against the assets
of such insurer; or (2) There is a surplus and the liquidation is thereafter conducted upon
the basis that such insurer is solvent. (b) Where an insurer has been so adjudicated to be
insolvent, any person who has a cause of action against an insured of such insurer under a
liability insurance policy issued by such insurer shall have the right to file a claim in
the liquidation proceeding, regardless of the fact that such claim may be contingent, and
such claim may be allowed: (1) If it may be reasonably inferred from the proof...
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30-5B-2
Section 30-5B-2 Definitions. As used in this chapter, the following words have the following
meanings: (1) COURT. A circuit or district court authorized by statute to issue or modify
a protective order. (2) FOREIGN PROTECTION ORDER. A protection order issued by a tribunal
of another state. (3) ISSUING STATE. The state whose tribunal issues a protection order. (4)
MUTUAL FOREIGN PROTECTION ORDER. A foreign protection order that includes provisions in favor
of both the protected individual seeking enforcement of the order and the respondent. (5)
PROTECTED INDIVIDUAL. An individual protected by a protection order. (6) PROTECTION ORDER.
An injunction or other order, issued by a tribunal under the domestic violence or family violence
laws of the issuing state, to prevent an individual from engaging in violent or threatening
acts against, harassment of, contact or communication with, or physical proximity to, another
individual. (7) RESPONDENT. The individual against whom enforcement of a...
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30-5B-5
Section 30-5B-5 Registration of order. (a) Any individual may register a foreign protection
order in this state. To register a foreign protection order, an individual shall present a
certified copy of the order to any circuit or district court clerk in the state and complete
an affidavit as provided in subsection (d). (b) The court clerk shall enter, as expeditiously
as possible, all necessary information into the State Judicial Information System which shall
be electronically transmitted by the Administrative Office of Courts to the Alabama Criminal
Justice Information System. After the order is registered, a copy of the order stamped filed
by the court clerk shall be provided by the clerk's office to the person registering the order.
(c) The Criminal Justice Information Center, as Alabama's central registry of protection orders,
shall enter, as expeditiously as possible, an order upon electronic submission from the State
Judicial Information System of information concerning a valid...
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5-5A-42
Section 5-5A-42 Adverse claims to deposits. Notice to any bank of an adverse claim to a deposit
standing on its books to the credit of any person shall not be effectual to cause said bank
to recognize said adverse claimant unless said adverse claimant shall also either procure
a restraining order, injunction or other appropriate process against said bank from a court
of competent jurisdiction in a civil action therein instituted by such claimant wherein the
person to whose credit the deposit stands is made a party and served with summons or shall
execute to said bank in form and with sureties acceptable to it, a bond indemnifying said
bank from any and all liability, loss, damage, costs and expenses for and on account of the
payment or recognition of such adverse claim or the dishonor of or failure to pay the check
or failure to comply with other order of the person to whose credit the deposit stands on
the books of said bank; provided, that this section shall not apply in any instance...
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6-10-95
Section 6-10-95 Reduced homestead incapable of allotment - Sale - When allowed. The homestead
of a decedent may be sold by order of the court having jurisdiction of the estate, on petition
of executor or administrator, when the same, after being reduced to its lowest area, exceeds
$6,000 in value and when it is necessary that the same be sold for the payment of debts because
the remainder of the estate is insufficient to pay all debts and claims against the estate
and the surviving spouse or minor children fail to pay the deficiency within 30 days after
notice of said petition. (Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p.
1558, §1.)...
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6-2-41
Section 6-2-41 Limitations on claims to charge real estate with debts and obligations of decedent.
(a) The real estate of persons dying testate or intestate shall, as against the rights of
mortgagees or purchasers for value from the heirs or devisees, be forever discharged from
the payment of all legal and equitable debts and obligations unless the persons, including
minors and insane persons, owning such debts or benefited by said obligations shall within
the time allowed by law, but in no event more than two years from the death of the deceased,
file in the probate court of the county where said property is located a verified claim showing
the nature and amount of said debts and obligations. (b) Wherever there has been no executor
or administrator appointed, then the person owning said debt or benefited by said obligation
must, within three months after filing said claim, cause letters testamentary or of administration
to be issued and proceed to subject said land to said debts or...
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