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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share of the
amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has received
a written demand by the surviving spouse, a creditor, a child, or a...
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10A-1-9.22
Section 10A-1-9.22 Unknown claims against dissolved domestic entity. (a) A dissolved domestic
entity may publish notice of its dissolution and request that persons with claims against
the dissolved domestic entity present them in accordance with the notice. (b) The notice authorized
by subsection (a) must: (1) Be published at least one time in a newspaper of general circulation
in the county in which the dissolved domestic entity's principal office is located, or, if
it has none in this state, in the county in which the dissolved domestic entity's registered
office, is or was last located; (2) Describe the information that must be included in a claim
and provide a mailing address to which the claim is to be sent; and (3) State that if not
sooner barred, a claim against the dissolved domestic entity will be barred unless a proceeding
to enforce the claim is commenced within two years after the publication of the notice. (c)
If a dissolved domestic entity publishes a newspaper notice in...
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10A-5A-7.05
Section 10A-5A-7.05 Other claims against dissolved limited liability company. Notwithstanding
Sections 10A-1-9.01 and 10A-1-9.22: (a) A dissolved limited liability company may publish
notice of its dissolution and request that persons with claims against the dissolved limited
liability company present them in accordance with the notice. (b) The notice authorized by
subsection (a) must: (1) be published at least one time in a newspaper of general circulation
in the county in which the dissolved limited liability company's principal office is located
or, if it has none in this state, in the county in which the dissolved limited liability company's
most recent registered office is located; (2) describe the information that must be included
in a claim and provide a mailing address to which the claim is to be sent; and (3) state that
if not sooner barred, a claim against the dissolved limited liability company will be barred
unless a proceeding to enforce the claim is commenced within two...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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13A-8-200
Section 13A-8-200 Block on false information in credit reports. (a) As used in this section,
the following words shall have the following meanings: (1) CONSUMER CREDIT REPORT. The term
shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC
Sections 1681a and 1681b, as amended. (2) CONSUMER REPORTING AGENCY. The term shall mean the
same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a
and 1681b, as amended. (3) PERSON. Any individual, partnership, corporation, trust, estate,
cooperative, association, government or governmental subdivision or agency, or other entity.
(b)(1) If a consumer submits to a consumer reporting agency a court order as described in
Section 13A-8-198, the consumer reporting agency shall, within 30 days of receipt, employ
reasonable procedures to block reporting any information in the consumer's credit report identified
in the court order that is the result of a criminal violation of the...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
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27-17A-11
Section 27-17A-11 Application for certificate; statements; issuance; expiration; transfer.
(a) An application to the commissioner for a certificate of authority shall be accompanied
by the statement and other matters described in this section in the form prescribed by the
commissioner. Annually thereafter, within six months after the end of its fiscal period, or
within an extension of time therefor, as the commissioner for good cause may grant, the person
authorized to engage in the sale of preneed contracts shall file with the commissioner a full
and true statement of his or her financial condition, transactions, and affairs, prepared
on a basis as adopted by a rule of the commissioner, as of the preceding fiscal period or
at such other time or times as the commissioner may provide by rule, together with information
and data which may be required by the commissioner. (b) The statement shall include all of
the following: (1) The types of preneed contracts proposed to be written and the...
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37-3-25
Section 37-3-25 Penalties for violations. (a) Any person knowingly and willfully violating
any provision of this chapter or any rule, regulation, requirement or order thereunder or
any term or condition of any certificate, permit or license for which a penalty is not otherwise
herein provided shall, upon conviction thereof, be fined not more than $100.00 for the first
offense and not more than $500.00 for any subsequent offense. Each day of such violation shall
constitute a separate offense. (b) If any motor carrier or broker operates in violation of
any provision of this chapter (except as to the reasonableness of rates, fares or charges
and discriminatory character thereof), or any rule, regulation or requirement, or order thereunder,
or of any term or condition of any certificate or permit, the commission or its duly authorized
agency may apply to the circuit court of the State of Alabama for any county where such motor
carrier or broker operates for the enforcement of such...
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41-22-4
Section 41-22-4 Adoption by agencies of rules governing organization, practice, etc.; public
access to rules, orders, etc.; effect of rules, orders, etc., not made available to public.
(a) In addition to the other rulemaking requirements imposed by law, each agency shall: (1)
Adopt as a rule a description of its organization, stating the general course and method of
its operations and the methods whereby the public may obtain information or make submissions
or requests; (2) Adopt rules of practice setting forth the nature and requirements of all
formal and informal procedures available, including a description of all forms and instructions
used by the agency; (3) Make available for public inspection and copying, at cost, all rules
and all other written statements of policy or interpretations formulated, adopted or used
by the agency in the discharge of its functions; (4) Make available for public inspection
and copying, at cost, and index by name and subject all final orders,...
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7-8-105
Section 7-8-105 Notice of adverse claim. (a) A person has notice of an adverse claim if: (1)
the person knows of the adverse claim; (2) the person is aware of facts sufficient to indicate
that there is a significant probability that the adverse claim exists and deliberately avoids
information that would establish the existence of the adverse claim; or (3) the person has
a duty, imposed by statute or regulation, to investigate whether an adverse claim exists,
and the investigation so required would establish the existence of the adverse claim. (b)
Having knowledge that a financial asset or interest therein is or has been transferred by
a representative imposes no duty of inquiry into the rightfulness of a transaction and is
not notice of an adverse claim. However, a person who knows that a representative has transferred
a financial asset or interest therein in a transaction that is, or whose proceeds are being
used, for the individual benefit of the representative or otherwise in breach...
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