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13A-6-191
Section 13A-6-191 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) CAREGIVER. An individual who has the responsibility for the care
of an elderly person as a result of family relationship or who has assumed the responsibility
for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of
the ties of friendship. (2) DECEPTION. Deception occurs when a person knowingly: a. Creates
or confirms another's impression which is false and which the defendant does not believe to
be true. b. Fails to correct a false impression which the defendant previously has created
or confirmed. c. Fails to correct a false impression when the defendant is under a duty to
do so. d. Prevents another from acquiring information pertinent to the disposition of the
property involved. e. Sells or otherwise transfers or encumbers property, failing to disclose
a lien, adverse claim, or other legal impediment to the enjoyment of the...
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8-9B-8
Section 8-9B-8 Remedies of creditor. (a) In an action for relief against a transfer under this
chapter, a creditor, subject to the limitations in Section 8-9B-9, may obtain: (1) avoidance
of the transfer to the extent necessary to satisfy the creditor's claim; (2) an attachment
or other provisional remedy against the asset transferred or other property of the transferee
if available under applicable law; and (3) subject to applicable principles of equity and
in accordance with applicable rules of civil procedure: (i) an injunction against further
disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(ii) appointment of a receiver to take charge of the asset transferred or of other property
of the transferee; or (iii) any other relief the circumstances may require. (b) If a creditor
has obtained a judgment on a claim against the debtor, the creditor, if the court so orders,
may levy execution on the asset transferred or its proceeds. (Act...
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12-17-226
PRETRIAL DIVERSION PROGRAM or PROGRAM. A voluntary option that allows an offender, upon advice
of counsel or where counsel is waived in a judicial process, to knowingly agree to the imposition
by the district attorney of certain conditions of behavior and conduct for a specified period
of time upon the offender which would allow the offender to have his or her charges reduced,
dismissed without prejudice, or otherwise mitigated, should all conditions be satisfied during
the time frame set by the district attorney as provided in the agreement. (8) RESTITUTION.
As defined by Section 15-18-142, and may also include, but not be limited to, any extraordinary
cost incurred during the investigation or prosecution by a law enforcement agency or the district
attorney. (9) SERIOUS PHYSICAL INJURY. As defined in Section 13A-1-2. (10) SUPERVISION
FEE. Any fee other than the administration fee imposed by any agency providing supervision
or treatment of an offender. (Act 2013-361, p. 1290, §1.)...
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41-9-655.01
Section 41-9-655.01 Reporting requirements for certain property seized for forfeiture in connection
with a criminal event. (a) All property seized by a state, county, or municipal law enforcement
agency for forfeiture in connection with a criminal event shall be reported to the uniform
crime reporting system operated by the Alabama State Law Enforcement Agency on behalf of the
Alabama Justice Information Commission. (b) The commission shall develop rules for reporting
property seized pursuant to this section. Information reported shall include any information
required by the commission, including, but not limited to, all of the following: (1) The date
of the seizure. (2) The address of the seizure. (3) The name of the law enforcement agency
that conducted the seizure. (4) The type of property seized. (5) A general description of
the property seized. (6) The name of the person or entity, if known, from whom the property
was seized. (7) A description of the suspected underlying criminal...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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27-11-5
at the time of the pendency of an action involving the transacting of the business of insurance
or the act or occurrence complained of, shall be deemed to be an unauthorized insurer within
the meaning of this chapter, and service of process under such circumstances may be had as
provided in this section. (b) Service of summons when obtained upon any such insurer as provided
in subsection (a) of this section for the service of process shall be deemed sufficient service
of summons and process to give to the Circuit Court of Montgomery County, Alabama, jurisdiction
over the cause of action and over such insurer and shall warrant and authorize personal
judgment against such defendant, or defendants, in the event that the plaintiff prevails in
the action. There shall be paid to the Secretary of State for services under this section
fees as may be provided for service of process on nonresidents doing business or performing
work or service in this state. (Acts 1971, No. 407, p. 707, §224.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-11-5.htm - 4K - Match Info - Similar pages
32-7-26
Section 32-7-26 Bond as proof of financial responsibility. (a) Proof of financial responsibility
may be furnished by a bond of a surety company duly authorized to transact business in this
state, or by a bond with at least two individual sureties each owning real estate within this
state and together having equities equal in value to at least twice the amount of such bond,
which real estate shall be scheduled in the bond and approved both as to title and value by
the judge of probate of the county in which such real estate is located. Such bond shall be
conditioned for payments in amounts and under the same circumstances as would be required
in a motor vehicle liability policy and shall not be cancelable except after 10 days' written
notice to the director. The principal and sureties shall execute and deliver an original and
one copy of such bond and schedule and, in addition, when the real property or any part thereof
listed or described in such schedule shall be located in more than...
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35-11-211
Section 35-11-211 Priority of lien. (a) Such lien as to the land and buildings or improvements
thereon, shall have priority over all other liens, mortgages, or incumbrances created subsequent
to the commencement of work on the building or improvement. Except to the extent provided
in subsection (b) below, all liens, mortgages, and incumbrances (in this section, "mortgages
and other liens") created prior to the commencement of such work shall have priority
over all liens for such work. Enforcement of such lien of a mechanic, materialman, or other
person created by Section 35-11-210 (in this section, "mechanic or materialman lien")
shall not affect any prior mortgage or other lien, and the purchaser in connection with the
enforcement of such mechanic or materialman lien shall take the property subject to such prior
mortgages and other liens of which the purchaser has actual or constructive notice on the
date of the purchase. Foreclosure of any prior mortgage or other lien shall terminate...
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36-15-1
of a municipality or county or officer or governing body of any other elected or appointed
body shall submit with the request for an opinion a resolution adopted by the governing body
setting forth the facts showing the nature and character of the question which makes the advice
or opinion sought necessary to the present performance of some official act that the officer
or governing body must perform. d. An officer or governing body shall not submit to the Attorney
General moot, private, or personal questions in which the state, county, or public
is not materially or primarily interested or questions that are subject to ongoing litigation.
Any officer shall submit, with the request for an opinion, a writing setting forth the facts
showing the nature and character of the question which makes the advice sought necessary to
present performance of some official act that the officer must perform. (2) He or she shall
attend, on the part of the state, to all criminal cases pending in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-15-1.htm - 9K - Match Info - Similar pages
45-8-120.14
Section 45-8-120.14 Charges; investigation; hearing. Charges may be filed by any individual
against any employee covered by this article as follows: The charges must be in writing, must
set forth succinctly the matters complained of, and shall be sworn to before a member of the
board or any other person authorized to administer oaths. Upon receipt of such charges, the
board shall refer them to the appropriate appointing authority who shall make an investigation
of the charges along with the county attorney and take action as determined to be warranted
by the findings of his or her investigation. If the appointing authority's action involves
a demotion, suspension without pay, or dismissal of a regular status classified service employee,
such action shall be taken in accordance with Section 45-8-120.13. A written report of the
appointing authority's findings and action shall be submitted to the board within 15 calendar
days of his or her receipt of the charges from the board. If the...
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