7-9A-626
Section 7-9A-626 Action in which deficiency or surplus is in issue. (a) Applicable rules if
amount of deficiency or surplus in issue. In an action arising from a transaction, other than
a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following
rules apply: (1) A secured party need not prove compliance with the provisions of this part
relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary
obligor places the secured party's compliance in issue. (2) If the secured party's compliance
is placed in issue, the secured party has the burden of establishing that the collection,
enforcement, disposition, or acceptance was conducted in accordance with this part. (3) Except
as otherwise provided in Section 7-9A-628, if a secured party fails to prove that the collection,
enforcement, disposition, or acceptance was conducted in accordance with the provisions of
this part relating to collection, enforcement, disposition,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-626.htm - 2K - Match Info - Similar pages

12-19-273
Section 12-19-273 Court to exercise sound discretion and specifically set forth reasons for
award; factors to be considered. In determining the amount of an award of costs or attorneys'
fees, the court shall exercise its sound discretion. When granting an award of costs and attorneys'
fees, the court shall specifically set forth the reasons for such award and shall consider
the following factors, among others, in determining whether to assess attorneys' fees and
costs and the amount to be assessed: (1) The extent to which any effort was made to determine
the validity of any action, claim or defense before it was asserted; (2) The extent of any
effort made after the commencement of an action to reduce the number of claims being asserted
or to dismiss claims that have been found not to be valid; (3) The availability of facts to
assist in determining the validity of an action, claim or defense; (4) The relative financial
position of the parties involved; (5) Whether or not the action was...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-273.htm - 2K - Match Info - Similar pages

12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony
in any case may be in the possession of any person resident in this state who is not a party
to the case, the clerk of the court in which the case is pending shall, upon application of
the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed
to the person having such book or other document in his possession, requiring him to appear
and bring with him into court the paper desired to be used as testimony. Service shall be
by a sheriff, constable or some private person, and the official return of the sheriff or
constable or the affidavit of such private person shall be sufficient evidence that the same
was duly served; but, in all cases, the judge may require the summary production of any book
or document by subpoena duces tecum where the witness is able to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-2.htm - 2K - Match Info - Similar pages

35-9-39
Section 35-9-39 Levy upon crop of subtenant. When lands are cultivated by a subtenant, and
an attachment or other process is sued out by the superior landlord, or his assignee, for
the purpose of enforcing his lien for rent and advances, or either, the crop of the tenant
in chief must first be exhausted, before levy is made on the crop of the subtenant; but if
the tenant in chief makes no crop, or if the crop made by him is not sufficient to satisfy
the plaintiff's demand, then a sufficient amount of the crop of the subtenant may be levied
on to supply the deficiency; and any levy made in violation of this section may be vacated
on motion, at the first session of the court thereafter. (Code 1876, §3476; Code 1886, §3066;
Code 1896, §2713; Code 1907, §4744; Code 1923, §8810; Code 1940, T. 31, §25.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9-39.htm - 1K - Match Info - Similar pages

43-2-748
Section 43-2-748 Allowance of due part of claim. If a part only of such claim is found to be
due, it must be allowed for that amount and the costs paid by either party, or in such proportion
by either party as the court may direct. (Code 1852, §1855; Code 1867, §2204; Code 1876,
§2576; Code 1886, §2246; Code 1896, §314; Code 1907, §2782; Code 1923, §6021; Code 1940,
T. 61, §408.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-748.htm - 725 bytes - Match Info - Similar pages

6-6-252
Section 6-6-252 Intervention by claimant of property; disposition of property. When an action
is commenced for the recovery of personal property in specie under the provisions of
subsection (a) of Section 6-6-250, any person claiming an interest in the property may intervene
as a matter of right. Within five days after entry of the order authorizing intervention,
the intervenor may make affidavit that the property sued for belongs to him and give bond
in favor of the party then entitled to possession of the property pending an action, or, if
neither party is then entitled to possession of the property pending an action and the property
is in the custody of the sheriff, in favor of the party from whom the property was taken,
the bond to be in the amount and upon the terms provided in subsection (b) of Section 6-6-250,
whereupon the sheriff must deliver the property to the claimant unless, within five days after
the sheriff seizes the property for delivery to the claimant, the party to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-252.htm - 1K - Match Info - Similar pages

6-6-254
Section 6-6-254 Return of bonds; liability of sheriff for failing to do so; compelling making
of return. All bonds taken under this article must be returned within 10 days thereafter to
the clerk of the court in which the action is pending, and, on failure, the sheriff is liable
to the successful party to the amount of the value of the property and damages for its detention
as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered
on motion to the court in which such judgment was entered on three days' notice, or the sheriff
may, at any time, be compelled by attachment to make such return. (Code 1852, §2196; Code
1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787;
Code 1923, §7398; Code 1940, T. 7, §927.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-254.htm - 1K - Match Info - Similar pages

6-6-283
Section 6-6-283 Demanding abstract of title to be relied on for recovery or defense; proceedings
upon failure to furnish same. In all actions or proceedings involving the title or right of
possession to land, either party may, by notice in writing to the opposing party or his attorney
of record not less than 10 days before the trial, demand an abstract in writing of the title,
or titles, on which he will rely for recovery or defense, and such party must be confined
to the proof of such title or titles upon the trial. If either party, after such demand and
notice, fails to furnish such abstract of title, the party so demanding may move the court
to require the party in default to furnish the abstract of title, and the court may enter
an order requiring the party so in default to furnish the abstract of title within the time
to be fixed by the order of the court. Upon failure to comply with such order, the court must
dismiss the action or proceeding if the plaintiff is in default or may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-283.htm - 1K - Match Info - Similar pages

11-70A-9
Section 11-70A-9 Appeal. A municipality or interested party may, within 42 days following the
effective date of the judgment, appeal the judgment of the circuit court to the Court of Civil
Appeals. Any party appealing from an order vesting title in the municipality shall, as a condition
of the appeal, identify the parcel which is the subject of the appeal and, with respect to
that parcel, post a bond with at least one solvent surety in the amount due to redeem the
property under Chapter 10, Title 40. The appeal shall stay the order of the circuit court
only with respect to each parcel identified as the subject of the appeal. The order of the
circuit court shall be affirmed absent a defect in the identification of the property or in
the notice such that the notice deprived a party of the right to due process of law. The order
shall not be reversed on the basis of merely technical noncompliance with this section. (Act
2012-517, p. 1533, §9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70A-9.htm - 1K - Match Info - Similar pages

28-4-286
Section 28-4-286 Institution of proceedings for condemnation of vehicles, etc.; seized property
not to be retaken by replevin or detinue during pendency of action; intervention by parties
claiming superior right to seized property; powers of court to regulate proceedings to permit
parties claiming vehicles, etc., to assert rights. It shall be the duty of such officer in
the county or the Attorney General of the state to institute at once or cause to be instituted
condemnation proceedings in the circuit court by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of said vehicles of transportation, if known, to obtain a judgment enforcing the forfeiture.
No replevin or detinue writ may be employed to retake possession of such seized property pending
the forfeiture action, but any party claiming a superior right may intervene by motion in
said action and have his claim adjudicated. The judge...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-286.htm - 1K - Match Info - Similar pages