12-19-272
Section 12-19-272 Court to award fees and costs against attorney or party who brought action
without substantial justification; voluntary dismissal. (a) Except as otherwise provided in
this article, in any civil action commenced or appealed in any court of record in this state,
the court shall award, as part of its judgment and in addition to any other costs otherwise
assessed, reasonable attorneys' fees and costs against any attorney or party, or both, who
has brought a civil action, or asserted a claim therein, or interposed a defense, that a court
determines to be without substantial justification, either in whole or part; (b) When a court
determines reasonable attorneys' fees or costs should be assessed it shall assess the payment
thereof against the offending attorneys or parties, or both, and in its discretion may allocate
among them, as it determines most just, and may assess the full amount or any portion thereof
to any offending attorney or party; (c) The court shall assess...
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35-10-27
Section 35-10-27 Entry of full payment or satisfaction in record - Generally. If a mortgage
or deed of trust which is of record has been fully paid or satisfied, the mortgagee or transferee
or assignee of the mortgage, or trustee or cestui que trust of the deed of trust, who has
received payment or satisfaction, must on request in writing of the mortgagor, or of a creditor
of the mortgagor having a lien or claim on the property mortgaged, or of a purchaser from
the mortgagor, or owner of the lands mortgaged, or a junior mortgagee, or of the debtor in
a deed of trust, enter the fact of payment or satisfaction on the margin of the record of
the mortgage or deed of trust. Such entry must be witnessed by the judge of probate, or his
clerk, who, in his official capacity, must attest said satisfaction, and for making such attestation
the judge of probate is entitled to a fee of $.25. Or satisfaction may be made by an attorney-in-fact
authorized by an instrument executed and acknowledged as...
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6-6-258
Section 6-6-258 Assessment of value and damages and judgment - Failure of defendant to appear
and plead. Upon the defendant's failure to appear and plead in such case, within the time
provided by law, the plaintiff may take judgment against the defendant for the property sued
for; and, upon proof that defendant was in possession of the property sued for at the time
of the service of the writ or at the commencement of the action, the plaintiff may also recover
of the defendant the costs in the case and the value of the use of the property while in the
possession of such defendant and may also have the jury to assess the value of the property
sued for and have judgment thereon for the alternate value thereof as is now provided by law.
(Acts 1911, No. 53, p. 33; Code 1923, §7406; Code 1940, T. 7, §936.)...
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11-54B-9
Section 11-54B-9 Collection of special assessment; procedures; claim of lien; interest, penalties,
and fees. (a) A self-help business improvement district ordinance shall provide that the special
assessment levied on the owners of the real property located within the geographical area
of the district shall be collected by the district management corporation. The collection
procedures utilized by the district management corporation shall include the mailing of a
notice of the special assessment to the person shown as owner of the property on the records
of the tax assessor in the following manner: (1) After October 1 of each year, the district
management corporation may levy the special assessment for services to be provided during
the following calendar year. (2) The assessment shall be due on December 1 and delinquent
on January 1 following the October levy. (3) Upon delinquency, interest and penalties may
be assessed in the amounts provided in subsection (d). (b) Notwithstanding...
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15-5-64
Section 15-5-64 Determination of abandonment. In order for property or proceeds to be deemed
abandoned, a representative of the law enforcement agency having possession of abandoned property
or proceeds shall file with the district attorney a sworn affidavit setting forth the circumstances
of the abandonment, including the results of a search of records to identify the owner or
lienholders. The records to be searched shall include records of the Alabama Department of
Revenue, judge of probate, and the Secretary of State. After the filing of the affidavit,
the district attorney or Attorney General may file an action in the circuit court to declare
the property or proceeds abandoned. If the location of the owner, registrant, secured party,
or lienholder is unknown, service shall be made at the last known address of the current owner,
registrant, secured party, or lienholder, as well as by publication on a governmental web
site or a newspaper of general circulation for a period of three...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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6-6-141
Section 6-6-141 Filing of complaint in actions begun by attachment - Issuance and service of
summons; default judgment. (a) Whenever a complaint is filed in an action begun by attachment,
whether at the time of suing out the attachment or subsequently thereto, a summons shall issue
upon the complaint in all respects, and with the same effect as if the action had been begun
by complaint. The issuance and service of such a summons shall in no manner affect the levy
or lien of the attachment or the enforcement thereof. (b) If the defendant appears and pleads,
the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing,
fails to plead within the time required by law, the plaintiff may take judgment by default,
and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure,
if necessary. (Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996;
Code 1896, §562; Code 1907, §§2962, 2963; Code 1923,...
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8-3-40
Section 8-3-40 Transfer of judgment to surety upon payment of same by surety. (a) Whenever
a judgment is obtained by a creditor on a demand to which there are one or more sureties,
the sureties may pay such demand, and the same shall be transferred by operation of law to
the surety or sureties paying or satisfying such demand, who shall have all the liens or equities
of such judgment and of the debt or claim on which the same is founded. (b) The plaintiff
in the judgment, his agent or attorney of record, when the payment is made, must assign such
judgment to the surety or sureties paying the money, who may collect the same, with interest
and costs, in the name of the plaintiff for their use, and may assert any lien or right against
the principal debtor which the plaintiff could have asserted if the debt had not been paid.
(Code 1852, §2651; Code 1867, §3078; Code 1876, §3418; Code 1886, §3157; Code 1896, §3888;
Code 1907, §5408; Code 1923, §9567; Code 1940, T. 9, §101.)...
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35-11-112
Section 35-11-112 Joinder of persons having liens on same property. (a) Persons having liens
under the provisions of this division, on the same property, may join in the same action for
the enforcement of their respective liens; and when there is such joinder, the court or jury
trying the action must ascertain the amount due to each of the plaintiffs secured by the lien,
and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs
to establish his or their liens shall not defeat a recovery by the others. The proceeds of
the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs,
shall be distributed, after payment of the costs, pro rata among them. (b) When persons having
such liens on the same property refuse, after notice in writing, to join in such action, the
persons giving the notice may proceed without them on making affidavit of the fact of such
notice and refusal; and notice of the levy of the attachment...
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6-6-251
Section 6-6-251 Service of process in action for recovery of household furniture and equipment;
effect thereof. When a detinue action is commenced under the provisions of this article for
the recovery of household furniture and equipment and the plaintiff, his agent, or attorney
has made an affidavit that the property sued for belongs to the plaintiff and that the plaintiff
is entitled to the immediate possession of said property by reason of a default in the payment
of the purchase price under a lease sale contract and has executed a bond as required by Section
6-6-250, the sheriff, or other officer authorized to serve process, may serve the summons
and complaint by leaving a copy thereof at the place where the household furniture or equipment
sued for is seized and taken from the premises by the officer serving the process; and such
service shall constitute sufficient service thereof on the defendant for the purpose of obtaining
a judgment against the defendant for the property sued...
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