6-6-201
Section 6-6-201 Statement of assets - Order to appear before court for oral examination; production
of papers, etc. After the filing in court of such statement and such judgment remaining unsatisfied,
upon the filing in said court by the judgment creditor or the attorney of record for such
judgment creditor of an affidavit stating that such statement to the best of affiant's knowledge,
information, and belief does not contain a full, true, and correct statement and description,
of such assets as required in this division, the court shall make an order requiring such
judgment debtor or debtors, when the judgment is against a person or firm, or the agent or
agents of such debtor corporations to appear before such court on a day to be set by the court,
not less than 10 days' notice of which order shall be served upon such judgment debtor, to
submit to an oral examination, under oath, touching the nature, location, description, and
value of such assets and, to this end, may require the...
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35-10-23
Section 35-10-23 Partial payments - Notices or demands to enter partial payments or satisfaction.
All notices or demands to enter partial payments or satisfaction of balance of debt secured
as is provided in section 35-10-21 shall be in writing and signed by the party or parties
who are entitled to have the entries of record made, or by their personal representative,
or by their agents duly authorized in writing to give such notices or make such demand; and
the notice or demand shall be served in person upon the owner or holder of such lien or upon
his agent who is authorized to receive payment of such debt, or any part secured by the lien,
or by mailing by registered or certified mail with request for return receipt, a copy of such
written demand or notice to such owner or holder of the lien or to any agent of his who would
be authorized to receive such payments of the debts or demands so secured by the recorded
lien. This letter must be addressed to the usual known address of such...
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7-3-311
Section 7-3-311 Accord and satisfaction by use of instrument. (a) If a person against whom
a claim is asserted proves that (i) that person in good faith tendered an instrument to the
claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated
or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument,
the following subsections apply. (b) Unless subsection (c) applies, the claim is discharged
if the person against whom the claim is asserted proves that the instrument or an accompanying
written communication contained a conspicuous statement to the effect that the instrument
was tendered as full satisfaction of the claim. (c) Subject to subsection (d), a claim is
not discharged under subsection (b) if either of the following applies: (1) The claimant,
if an organization, proves that (i) within a reasonable time before the tender, the claimant
sent a conspicuous statement to the person against whom the claim is asserted that...
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13A-9-12
Section 13A-9-12 Offering false instrument for recording; nullifaction or expungement from
record. (a) A person commits the crime of offering a false instrument for recording if, knowing
that a written instrument relating to or affecting real or personal property, or an interest
therein, or directly affecting contractual relationships contains a material false statement
or material false information, and with intent to defraud, he presents or offers it to a public
office or a public employee, with the knowledge that it will be registered, filed or recorded
or become a part of the records of that public office or public employee. (b) Offering a false
instrument for recording is a Class A misdemeanor. (c) A person commits the crime of offering
a false instrument for recording against a public servant if the person offers, for recording,
a written instrument which relates to or affects the real or personal property, or an interest
therein, or a contractual relationship of a public...
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45-5-82.20
Section 45-5-82.20 Name and address of grantee; liability; falsification; application. (a)
In Blount County no probate judge shall receive for record or permit the recording of any
instrument in which the title to real property, or any interest therein, or lien thereon,
is conveyed, granted, encumbered, assigned, or otherwise disposed of, unless such an instrument
has endorsed on it, a printed, typewritten, or stamped statement showing the name and address
of the grantee in the instrument. (b) The probate judge shall not be liable in damages or
penalty for any error or mistake in the performance of the duties prescribed by this section
if committed in good faith. (c) Any person who falsifies or is a party to the falsification
of such a statement as described in subsection (a), shall be guilty of a misdemeanor. (d)
Subsection (a) shall not apply to any will, decree, court order, or judgment; to any instrument
executed or acknowledged prior to October 1, 1984; nor to any instrument...
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45-9-84.20
Section 45-9-84.20 Real property conveyances; grantee address required. The Probate Judge of
Chambers County shall not receive for record or permit the recording of any instrument in
which the title to real property is conveyed, unless such instrument has endorsed on it a
printed, typewritten, or stamped statement, stating the mailing address of the grantee, or
contains a statement of such addresses in the body of the instrument. (Act 85-621, p. 946,
§1.)...
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7-8-112
Section 7-8-112 Creditor's legal process. (a) The interest of a debtor in a certificated security
may be reached by a creditor only by actual seizure of the security certificate by the officer
making the attachment or levy, except as otherwise provided in subsection (d). However, a
certificated security for which the certificate has been surrendered to the issuer may be
reached by a creditor by legal process upon the issuer. (b) The interest of a debtor in an
uncertificated security may be reached by a creditor only by legal process upon the issuer
at its chief executive office in the United States, except as otherwise provided in subsection
(d). (c) The interest of a debtor in a security entitlement may be reached by a creditor only
by legal process upon the securities intermediary with whom the debtor's securities account
is maintained, except as otherwise provided in subsection (d). (d) The interest of a debtor
in a certificated security for which the certificate is in the...
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7-9A-210
Section 7-9A-210 Request for accounting; request regarding list of collateral or statement
of account. (a) Definitions. In this section: (1) "Request" means a record of a
type described in paragraph (2), (3), or (4). (2) "Request for an accounting" means
a record authenticated by a debtor requesting that the recipient provide an accounting of
the unpaid obligations secured by collateral and reasonably identifying the transaction or
relationship that is the subject of the request. (3) "Request regarding a list of collateral"
means a record authenticated by a debtor requesting that the recipient approve or correct
a list of what the debtor believes to be the collateral securing an obligation and reasonably
identifying the transaction or relationship that is the subject of the request. (4) "Request
regarding a statement of account" means a record authenticated by a debtor requesting
that the recipient approve or correct a statement indicating what the debtor believes to be
the aggregate...
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26-1A-203
Section 26-1A-203 Construction of authority generally. Except as otherwise provided in the
power of attorney, by executing a power of attorney that incorporates by reference a subject
described in Sections 26-1A-204 through 26-1A-217 or that grants to an agent authority to
do all acts that a principal could do pursuant to Section 26-1A-201(c), a principal authorizes
the agent, with respect to that subject, to: (1) demand, receive, and obtain by litigation
or otherwise, money or another thing of value to which the principal is, may become, or claims
to be entitled, and conserve, invest, disburse, or use anything so received or obtained for
the purposes intended; (2) contract in any manner with any person, on terms agreeable to the
agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform,
restate, release, or modify the contract or another contract made by or on behalf of the principal;
(3) execute, acknowledge, seal, deliver, file, or record any...
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45-35-83.20
Section 45-35-83.20 Additional filing fee. (a) The Judge of Probate of Houston County shall
charge a special additional filing fee of two dollars ($2) for filing or for recording each
and every instrument, paper, writing, document, or decree in his or her office including,
but not limited to, those related to: each personal property, Uniform Commercial Code statement,
each real estate, warranty deed, deed/executive deed, subordinate agreement, agreement, land
lease, partial release/release, affidavit, marriage license, official bond plat, oath of office,
bill of sale, custodian bond, declaration of trust, transfer, assignment, satisfaction, declaration
of vacation bond to indemnify, license pendens notice, order approving trustee bond, and excerpts
of minutes. (b) The month following collection, all funds so collected shall be paid by the
judge of probate into the treasury of Houston County. (c) This section is cumulative. Nothing
herein contained shall alter or change an existing law...
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