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6-8-86
Section 6-8-86 Judgment for defendant - Compulsory counterclaims. On a compulsory counterclaim,
if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment
must be entered for the defendant; if the claim or demand of the defendant exceeds the claim
or demand of the plaintiff and the plaintiff is the party liable to its satisfaction, judgment
must be entered against him in favor of the defendant for such excess and all costs. (Code
1886, §2683; Code 1896, §3734; Code 1907, §5865; Code 1923, §10179; Code 1940, T. 7, §357.)...
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18-1A-212
Section 18-1A-212 Crediting amounts paid or withdrawn from deposited funds. (a) The judgment
shall credit against the total amount awarded to the defendant any payments made before the
date of entry of the judgment by plaintiff to the defendant as compensation for the property
taken, plus any funds which the defendant withdrew from money deposited by the plaintiff.
(b) If the amount to be credited against the award under subsection (a) exceeds the total
amount awarded, the judgment shall require the defendant to pay the excess to the plaintiff
or other person entitled thereto. (Acts 1985, No. 85-548, p. 802, §1203.)...
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23-2-172
Section 23-2-172 Enforcement of judgments. THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE
2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2024. TO SEE THE AMENDED VERSION, SEE THE VERSION
LABELED PENDING. (a) If a municipal or district court determines that the person or entity
charged with liability under this article is liable, the court shall enter a judgment against
the person or entity and mail a copy of the judgment thereto. The court shall collect the
unpaid tolls and administrative fee. The court may impose court costs and a civil penalty
of up to one hundred dollars ($100) for each violation. Tolls, fees, and penalties shall be
forwarded to the entity administering the tolls at the facility where the violation occurred.
(b) Upon failure to satisfy a judgment within 60 days of its entry and upon the written request
of the authority, department, private toll entity, or an agent or representative thereof,
it shall be the duty of the clerk of the court, or of the judge of a court...
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27-14-29
Section 27-14-29 Rights of beneficiaries, etc., under life insurance policies against creditors,
etc. (a) If a policy of insurance, whether heretofore or hereafter issued, is effected by
any person on his own life or on another life in favor of a person other than himself or,
except in cases of transfer with intent to defraud creditors, if a policy of life insurance
is assigned or in any way made payable to any such person, the lawful beneficiary, or assignee
thereof, other than the insured or the person so effecting such insurance or his executors
or administrators, shall be entitled to its proceeds and avails against the creditors, personal
representatives, trustees in bankruptcy, and receivers in state and federal courts of the
person insured and of the person effecting the insurance, whether or not the right to change
the beneficiary is reserved or permitted and whether or not the policy is made payable to
the person whose life is insured, if the beneficiary or assignee shall...
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33-5A-8
Section 33-5A-8 Right of redemption. (a) Where a vessel, or an interest in a vessel, is sold
under this chapter, the vessel may be redeemed by any of the following: (1) The debtor, including
any surety or guarantor. (2) A judgment creditor, or its transferee. (3) A transferee of the
interests of the debtor, either before or after the sale. A transfer of any kind made by the
debtor will accomplish a transfer of the interests of that party. (4) The spouse of a debtor,
or transferee of any interest of the debtor, who is a spouse on the day of the execution,
judgment, or foreclosure sale. (5) Children, heirs, or devisees of the debtor. (b) All persons
named or enumerated in subdivisions (a) (1) through (a) (5) may exercise the right of redemption
granted by this section within 90 days from the date of the sale. (c) (1) When any judgment
creditor or any transferee of a judgment creditor redeems under this section, all recorded
judgments, and recorded liens having a higher recorded priority...
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35-10-96
Section 35-10-96 Affidavit of satisfaction requirements. An affidavit of satisfaction of a
security instrument must do all of the following: (1) Identify the original parties to the
security instrument, the secured creditor, and the recording data for the security instrument.
(2) State the basis upon which the person signing the affidavit is a satisfaction agent including,
without limitation, that the person signing the affidavit is authorized to sign on behalf
of, and to bind, the insurance company acting as satisfaction agent. (3) State that the person
signing the affidavit has determined that the real property described in the security instrument
is residential real property or was residential real property at the time the security instrument
was made. (4) State that the person signing the affidavit determined that the secured creditor
has received full payment or performance of the secured obligation and, if the security instrument
is an equity line security instrument, that the...
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6-6-201
Section 6-6-201 Statement of assets - Order to appear before court for oral examination; production
of papers, etc. After the filing in court of such statement and such judgment remaining unsatisfied,
upon the filing in said court by the judgment creditor or the attorney of record for such
judgment creditor of an affidavit stating that such statement to the best of affiant's knowledge,
information, and belief does not contain a full, true, and correct statement and description,
of such assets as required in this division, the court shall make an order requiring such
judgment debtor or debtors, when the judgment is against a person or firm, or the agent or
agents of such debtor corporations to appear before such court on a day to be set by the court,
not less than 10 days' notice of which order shall be served upon such judgment debtor, to
submit to an oral examination, under oath, touching the nature, location, description, and
value of such assets and, to this end, may require the...
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8-9A-8
Section 8-9A-8 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9A-4(a) against a person who took in good faith and for a reasonably equivalent
value or against any subsequent transferee or obligee who took in good faith. (b) Except as
otherwise provided in this section, to the extent a transfer is voidable in an action by a
creditor under Section 8-9A-7(a)(1), the creditor may recover judgment for the value of the
asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the
creditor's claim, whichever is less, or judgment for conveyance of the asset transferred.
The judgment may be entered against: (1) The first transferee of the asset or the person for
whose benefit the transfer was made; or (2) Any subsequent transferee other than a good faith
transferee who took for value or from any subsequent transferee. (c) If the judgment under
subsection (b) is based upon the value of the asset transferred, the...
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15-18-183
Section 15-18-183 Recovery of damages; exemption from civil liability. The recovery of damages
under any judgment or judgments against an authority established under this section shall
be limited to one hundred thousand dollars ($100,000) for bodily injury or death for one person
in any single occurrence. Recovery of damages under any judgment or judgments against an authority
shall be limited to three hundred thousand dollars ($300,000) in the aggregate where more
than two persons have claims or judgments on account of bodily injury or death arising out
of any single occurrence. Recovery of damages under any judgment or judgments against an authority
shall be limited to one hundred thousand dollars ($100,000) damages or loss of property arising
out of any single occurrence. Counties shall be exempt from civil liability for any injury
or loss to any person resulting from the operation of a community punishment and corrections
program established under this article. This section shall...
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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, §1.)...
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