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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-31.htm - 10K - Match Info - Similar pages
45-28A-45.58
Section 45-28A-45.58 Exemptions. No portion of the policemen's and firemen's retirement fund
shall, before or after its order for distribution by the board of trustees to the person or
persons entitled thereto under this section, be held, seized, taken, subjected to, detained,
or levied upon, by virtue of any attachment, garnishment, execution, injunction, writ, order,
decree, or any other process whatsoever, issued out of or by any court of this state, for
the payment or satisfaction, in whole or in part, of any debt, damage, demand, claim, judgment,
or decree, against any beneficiary of such fund, but shall be exempt therefrom. The fund shall
be sacredly kept, held, and distributed for the purposes named in this subpart, and for no
other purpose whatsoever. (Act 80-442, p. 674, §10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28A-45.58.htm - 1K - Match Info - Similar pages
2-21-30
Section 2-21-30 Recovery of short weight and feed deficiency penalties. In any case wherein
the licensee fails or refuses to make payment of a penalty to the purchaser within the time
required, the purchaser may institute legal action against the licensee for the recovery of
such penalty as provided in Sections 2-21-28 and 2-21-29. Any judgment against the licensee
shall be double the amount of the penalty and shall include a reasonable attorney's fee and
court costs. In cases where the licensee is required to pay the amount of any penalty to the
commissioner for deposit to the credit of the Agricultural Fund, and the licensee fails or
refuses to make such payment within the time required, the commissioner may institute legal
action in a court of competent jurisdiction for collection of the amount of the penalty upon
10 days' notice to the licensee following the 60 day payment period. (Acts 1978, No. 780,
p. 1143, §15.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-21-30.htm - 1K - Match Info - Similar pages
34-14A-8
Section 34-14A-8 Revocation, etc., of license; consumer complaint; hearing; appeal; reissuance;
fines. (a) The board may levy and collect administrative fines not to exceed five thousand
dollars ($5,000) for each violation or revoke or suspend the license of any licensee who,
in the opinion of the board, has committed fraud or deceit in obtaining a license required
by this chapter, who has been guilty of gross negligence, incompetence, or misconduct in the
practice of residential home building, who has engaged in the business of residential home
building outside the scope of the license, or who has violated this chapter or a board rule.
Should the board establish or adopt, or both, standards of practice for residential home builders
within the state, as provided in Section 34-14A-12, the board may suspend the license of any
licensee who, in the opinion of the board, has committed a violation of the standards of practice
and may impose any other disciplinary sanctions authorized...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14A-8.htm - 4K - Match Info - Similar pages
45-8A-22.132
Section 45-8A-22.132 Protection of the trust; exemptions. No portion of the trust shall, before
or after its order for distribution by the retirement board to the person or persons entitled
thereto under the provisions of the plan, be held, seized, taken, subjected to, detained,
or levied upon by virtue of any attachment, garnishment, execution, injunction, writ, order,
decree, or any other process whatsoever issued out of or by any court of the State of Alabama,
for the payment or satisfaction, in whole or in part, of any debt, damage, demand, claim,
judgment, or decree against any beneficiary of the trust, but shall be exempt therefrom so
that the trust shall be kept, held, and distributed solely for the purposes of the plan. (Act
2012-484, p. 1349, §33.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-22.132.htm - 1K - Match Info - Similar pages
2-22-13
Section 2-22-13 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Legal actions for recovery of penalty. In any case wherein the
licensee fails or refuses to make payment to the consumer of a penalty within the time required,
the consumer may institute legal action against the licensee for the recovery of such penalty
as provided in Section 2-22-12. Any judgment against the licensee shall be double the amount
of the penalty and shall include a reasonable attorney's fee and court costs. In cases where
the licensee is required to pay the amount of any penalty to the commissioner for deposit
to the credit of the Agricultural Fund and the licensee fails or refuses to make such payment
within the time required, the commissioner may institute legal action in a court of competent
jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee
following the 60-day payment period. (Acts 1969, No. 434, p....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-22-13.htm - 1K - Match Info - Similar pages
43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-354.htm - 2K - Match Info - Similar pages
6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-3.htm - 5K - Match Info - Similar pages
10A-5-4.04
Section 10A-5-4.04 Derivative actions. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144
EFFECTIVE JANUARY 1, 2017. (a) A member may bring an action in the right of a limited liability
company to recover a judgment in its favor if the members or managers with authority to do
so have refused to bring the action or if an effort to cause those members or managers to
bring the action is not likely to succeed. (b) In a derivative action, the plaintiff shall
be a member (1) at the time of bringing the action or have succeeded to the right of a member
by operation of law or pursuant to the terms of the operating agreement from a person who
was a member and (2) at the time of the transaction of which he or she complains. (c) In a
derivative action, the complaint shall set forth with particularity the effort of the plaintiff
to secure initiation of the action by the members or managers with authority to do so, or
the reasons for not making the effort. (d) If a derivative action is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5-4.04.htm - 1K - Match Info - Similar pages
34-25-35
Section 34-25-35 Refusal, suspension, reprimand, probation, or revocation - Judicial review.
Any person dissatisfied with the action of the board in refusing his application or suspending
or revoking his license, or any other action of the board, may appeal the action of the board
by filing a petition within 30 days thereafter in the circuit court in the county where the
person resides or in the Circuit Court of Montgomery County, Alabama, and the court is vested
with jurisdiction and it shall be the duty of the court to set the matter for hearing upon
10-days' written notice to the board and the attorney representing the board. The court in
which the petition of appeal is filed shall determine whether or not a cancellation or suspension
of a license shall be abated until the hearing shall have been consummated with final judgment
thereon or whether any other action of the board should be suspended pending hearing, and
enter its order accordingly, which shall be operative when served...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-25-35.htm - 1K - Match Info - Similar pages
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