Code of Alabama

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31-2A-123a
Section 31-2A-123a (Article 123a.) Making, drawing, or uttering check, draft, or order without
sufficient funds. (a) Any person subject to this code who, for the procurement of any article
or thing of value, with intent to defraud, or for the payment of any past due obligation,
or for any other purpose, with intent to deceive; makes, draws, utters, or delivers any check,
draft, or order for the payment of money upon any bank or other depository, knowing at the
time that the maker or drawer has not or will not have sufficient funds in, or credit with,
the bank or other depository for the payment of that check, draft, or order in full upon its
presentment, shall be punished as a court-martial may direct. (b) The making, drawing, uttering,
or delivering by a maker or drawer of a check, draft, or order, payment of which is refused
by the drawee because of insufficient funds of the maker or drawer in the drawee's possession
or control, is prima facie evidence of his or her intent to defraud...
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7-3-103
Section 7-3-103 Definitions. (a) In this article: (1) "Acceptor" means a drawee who
has accepted a draft. (2) "Drawee" means a person ordered in a draft to make payment.
(3) "Drawer" means a person who signs or is identified in a draft as a person ordering
payment. (4) "Good faith" means honesty in fact in the conduct or transaction concerned.
(5) "Maker" means a person who signs or is identified in a note as a person undertaking
to pay. (6) "Order" means a written instruction to pay money signed by the person
giving the instruction. The instruction may be addressed to any person, including the person
giving the instruction, or to one or more persons jointly or in the alternative but not in
succession. An authorization to pay is not an order unless the person authorized to pay is
also instructed to pay. (7) "Ordinary care" in the case of a person engaged in business
means observance of reasonable commercial standards, prevailing in the area in which the person
is located, with respect...
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45-35-83.82
Section 45-35-83.82 Noncollectible negotiable instruments; retrieval and voiding of license.
(a) In Houston County, when a negotiable instrument, such as a check or draft, given for a
motor vehicle license is found to be noncollectible for any reason, the judge of probate,
or his or her designee, shall notify the maker or drawer of the negotiable instrument, in
writing, that payment of the negotiable instrument was refused by the drawee and that if the
maker or drawer does not pay the holder thereof the amount due thereon, together with a service
charge of not more than twenty dollars ($20), within 10 days of the mailing of the notice
to the maker or drawer, then the motor vehicle license shall be subject to being retrieved
or voided by the judge of probate without further notice. Written notice by regular mail to
the address printed on the instrument or given by the maker or drawer at the time of issuance
shall be conclusively deemed sufficient and equivalent to notice having been...
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45-48-85.27
Section 45-48-85.27 Procedures governing noncollectible negotiable instruments. (a) In Marshall
County, when a negotiable instrument, such as a check or draft, given for a motor vehicle
license is found to be noncollectible for any reason, the judge of probate, or his or her
designee, shall notify the maker or drawer of the negotiable instrument, in writing, that
payment of the negotiable instrument was refused by the drawee and that if the maker or drawer
does not pay the holder thereof the amount due thereon, within 10 days of the mailing of the
notice to the maker or drawer, then the motor vehicle license shall be subject to being retrieved
or voided by the judge of probate without further notice. Written notice by regular mail to
the address printed on the instrument or given by the maker or drawer at the time of issuance
shall be conclusively deemed sufficient and equivalent to notice having been received by the
person making, drawing, uttering, or delivering the instrument. (b)...
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45-34-84.81
Section 45-34-84.81 Procedures governing noncollectible negotiable instruments. (a) In Henry
County, when a negotiable instrument, such as a check or draft, given for a motor vehicle
license, boat license, driver's license, privilege license, or conservation license is found
to be noncollectible for any reason, the judge of probate, or his or her designee, shall notify
the maker or drawer of the negotiable instrument in writing that payment of the negotiable
instrument was refused by the drawee and that if the maker or drawer does not pay the holder
thereof the amount due thereon within 10 days of the mailing of the notice to the maker or
drawer, then the license shall be subject to retrieval or voided by the judge of probate without
further notice. Written notice by regular mail to the address printed on the instrument or
given by the maker or drawer at the time of issuance of the license shall be conclusively
deemed sufficient and equivalent to notice having been received by the...
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45-20-83.53
Section 45-20-83.53 Notice of refusal; retrieval and voiding of license; records. (a) In Covington
County, when a negotiable instrument, such as a check or draft, given for a motor vehicle
license, boat license, driver's license, privilege license, or conservation license is found
to be noncollectible for any reason, the judge of probate, or his or her designee, shall notify
the maker or drawer of the negotiable instrument, in writing, that payment of the negotiable
instrument was refused by the drawee and that if the maker or drawer does not pay the holder
thereof the amount due thereon, within 10 days of the mailing of the notice to the maker or
drawer, then the motor vehicle license shall be subject to being retrieved or voided by the
judge of probate without further notice. Written notice by regular mail to the address printed
on the instrument or given by the maker or drawer at the time of issuance shall be conclusively
deemed sufficient and equivalent to notice having been...
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45-11-201
Section 45-11-201 Notice of refusal; retrieval and voiding of license; records. (a) In Chilton
County, when a negotiable instrument, such as a check or draft, given for a motor vehicle
license, boat license, driver's license, privilege license, or conservation license is found
to be noncollectible for any reason, the judge of probate or the tax collector, or other like
official, or their designee, shall notify the maker or drawer of the negotiable instrument
in writing that payment of the negotiable instrument was refused by the drawee and that if
the maker or drawer does not pay the holder thereof the amount due thereon within 10 days
of the mailing of the notice to the maker or drawer, then the license shall be subject to
retrieval or voided by the judge of probate or tax collector, or other like official, without
further notice. Written notice by regular mail to the address printed on the instrument or
given by the maker or drawer at the time of issuance of the license shall be...
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7-3-414
Section 7-3-414 Obligation of drawer. (a) This section does not apply to cashier's checks or
other drafts drawn on the drawer. (b) If an unaccepted draft is dishonored, the drawer is
obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued,
at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete
instrument, according to its terms when completed, to the extent stated in Sections 7-3-115
and 7-3-407. The obligation is owed to a person entitled to enforce the draft or to an indorser
who paid the draft under Section 7-3-415. (c) If a draft is accepted by a bank, the drawer
is discharged, regardless of when or by whom acceptance was obtained. (d) If a draft is accepted
and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft
is dishonored by the acceptor is the same as the obligation of an indorser under Section 7-3-415(a)
and (c). (e) If a draft states that it is drawn...
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7-3-104
Section 7-3-104 Negotiable instrument. (a) Except as provided in subsections (c) and (d), "negotiable
instrument" means an unconditional promise or order to pay a fixed amount of money, with
or without interest or other charges described in the promise or order, if it: (1) Is payable
to bearer or to order at the time it is issued or first comes into possession of a holder;
(2) Is payable on demand or at a definite time; and (3) Does not state any other undertaking
or instruction by the person promising or ordering payment to do any act in addition to the
payment of money, but the promise or order may contain (i) an undertaking or power to give,
maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder
to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit
of any law intended for the advantage or protection of an obligor. (b) "Instrument"
means a negotiable instrument. (c) An order that meets all of the...
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26-1A-208
institution, including renting a safe deposit box or space in a vault; (4) withdraw, by check,
order, electronic funds transfer, or otherwise, money or property of the principal deposited
with or left in the custody of a financial institution; (5) receive statements of account,
vouchers, notices, and similar documents from a financial institution and act with respect
to them; (6) enter a safe deposit box or vault and withdraw or add to the contents; (7) borrow
money and pledge as security personal property of the principal necessary to borrow
money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed
by the principal; (8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory
notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable
to the principal or the principal's order, transfer money, receive the cash or other proceeds
of those transactions, and accept a draft drawn by a person upon...
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