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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After
a municipal code lien has been recorded with the office of the probate judge of the county
in which the real property lies, the Class 2 municipality may identify those properties on
which to commence a judicial in rem foreclosure in accordance with this article, except that
those properties the Class 2 municipality identifies as owner occupied shall not be subject
to judicial in rem foreclosure under this article. The Class 2 municipality shall not file
a petition for judicial in rem foreclosure in accordance with this article for a period of
six months following the date upon which the municipal code lien is recorded in the office
of the probate judge. A petition for judicial in rem foreclosure may include any other municipal
code lien that has been filed prior to the date the petition is filed. After enforcement proceedings
have commenced in accordance with this article, the enforcement proceedings...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate
judge: (1) To issue all citations, letters testamentary, of administration and guardianship,
subpoenas, executions and all other process which is necessary for the exercise of his powers,
the jurisdiction of the court and the enforcement of its judgments, orders and decrees. (2)
To keep minutes of all his official acts and proceedings and, within three months thereafter,
to record the same in well-bound books. (3) To keep all the books, papers and records belonging
to his office with care and security, the papers arranged, filed and labeled so as to be of
easy reference and the books and records lettered and kept with general, direct and reverse
indexes, but, without the authority of the county commission, he shall not make new indexes.
(4) To keep constantly in his office a well-arranged docket, showing the date of the issue
and return of all process, the day set for the hearing, the kind of...
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12-17-144
Section 12-17-144 Prior service credit. (a) Prior service credit may be obtained by
a clerk or register in office on October 1, 1976, for years served in the individual capacity
of clerk or register on a continuous basis. Prior service credit must either be for time served
as clerk or as register without allowance for service as both clerk and register; provided,
that prior service credit for each individual position may not be combined. A person seeking
to qualify as supernumerary clerk shall count only time served as clerk, and one seeking to
qualify as supernumerary register shall count only time served as register. Prior service
credit may also be obtained by a clerk or register for any years served in the capacity of
probate judge, provided such service as probate judge was continuous. If any person subject
to the provisions of this division shall seek to obtain prior service as either clerk or register,
he shall contribute to the Clerks' and Registers' Supernumerary Fund, State...
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13A-9-70
Section 13A-9-70 Definitions. The following words and phrases as used in this article
shall have the following meanings unless a different meaning is required by the context: (1)
CHARITABLE ORGANIZATION. Any benevolent, philanthropic, or patriotic person, or one purporting
to be such, consistent with the then-controlling definition provided in the Internal Revenue
Code of the United States of America, which solicits and collects funds for charitable purposes
and includes each local, county, or area division within this state of the charitable organization;
provided the local, county, or area division has authority and discretion to disburse funds
or property otherwise than by transfer to any parent organization. (2) CHARITABLE PURPOSE.
Any charitable, benevolent, philanthropic, or patriotic purpose which is consistent with the
then-controlling definition provided in the Internal Revenue Code of the United States of
America. (3) CIVIL RIGHTS ORGANIZATION. Any charitable organization...
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail
are that each surety be a resident of the state, and an owner of real property therein, and
that any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim
a homestead exemption in the affidavit then they shall also execute the waiver of a homestead
exemption form as provided in part (B) below. The affidavit shall be...
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15-27-4
Section 15-27-4 Administrative filing fee; indigency. (a) In addition to any cost of
court or docket fee for filing the petition in circuit court, an administrative filing fee
of three hundred dollars ($300) shall be paid at the time the petition is filed and is a condition
precedent to any ruling of the court pursuant to this chapter. The administrative filing fee
shall not be waived by the court and shall be distributed as follows: (1) Seventy-five dollars
($75) to the State Judicial Administrative Fund. (2) Twenty-five dollars ($25) to the Alabama
Department of Forensic Sciences. (3) Fifty dollars ($50) to the district attorney's office.
(4) Fifty dollars ($50) to the clerk's office of the circuit court having jurisdiction over
the matter, for the use and benefit of the circuit court clerk. (5) Fifty dollars ($50) to
the Public Safety Fund. (6) Fifty dollars ($50) to the general fund of the county where the
arresting law enforcement agency is located if the arrest was made by the...
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26-1A-301
Section 26-1A-301 Power of attorney form. A document substantially in the following
form may be used to create a power of attorney that has the meaning and effect prescribed
by this chapter. ALABAMA POWER OF ATTORNEY FORM IMPORTANT INFORMATION This power of attorney
authorizes another person (your agent) to make decisions concerning your property for you
(the principal). Your agent will be able to make decisions and act with respect to your property
(including your money) whether or not you are able to act for yourself. The meaning of authority
over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act,
Chapter 1A, Title 26, Code of Alabama 1975. This power of attorney does not authorize the
agent to make health care decisions for you. Such powers are governed by other applicable
law. You should select someone you trust to serve as your agent. Unless you specify otherwise,
generally the agent's authority will continue until you die or revoke the power...
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40-2A-6
Section 40-2A-6 Government contract for examination of taxpayer's records where compensation,
etc., contingent upon tax, interest, etc., assessed or collected; violation; costs of examination.
(a) The state or any county or municipal governing authority may not enter into any contract
or arrangement for the examination of a taxpayer's books and records, written or otherwise,
with a private auditing or collecting firm, if any part of the compensation or other benefits
paid or payable to the private auditing or collecting firm is contingent upon or in any manner
related to the amount of tax, license fee, interest, court cost, penalty, or any other item
assessed against or collected from the taxpayer. Any such contract or arrangement, if made
or entered into, is void and unenforceable. Any assessment or preliminary assessment of taxes,
license fees, penalties, court costs, interest, or other items proposed or asserted by, or
based upon the recommendation of, a private auditing or...
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45-25-83.02
Section 45-25-83.02 Indexing system; special indexing fee. (a) This section shall
only apply in DeKalb County. The purpose of this section is to facilitate the use of
public records in property transactions in DeKalb County by providing for the installation
of an improved system of indexing of instruments and documents affecting the title to real
and personal property that are recorded in the office of judge of probate and for the indexing
of other instruments, documents, and other uses at the discretion of the judge of probate.
(b) The following words and phrases, including the plural of any thereof, whenever used in
this section, shall have the following respective meanings: (1) GENERAL PROPERTY INSTRUMENT.
A real property instrument that affects the title to personal property as well as real property.
(2) IMPROVED INDEXING SYSTEM. A system of indexing real property instruments and personal
property instruments in the probate office and, at the discretion of the judge of probate,
of...
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45-49-83.41
Section 45-49-83.41 Creation; procedures; collection and distribution of funds; enforcement.
The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery
Unit of the Special Services Division. The district attorney, after electing to establish
the unit, shall assign sufficient staff and resources to effectively operate the unit. The
recovery unit shall be created for the purpose of the administration, collection, and enforcement
of court costs, fines, fines for failure to appear in court, victim compensation assessments,
bail bond forfeitures, restitution, or other payments which are ordered in any criminal proceeding,
quasi-criminal, or any other court proceeding by any court including, but not limited to,
municipal courts, district courts, and circuit courts payable to the state, the county, to
any municipality, or town within the Thirteenth Judicial Circuit, to any crime victim on any
court order or judgment entered which has not been otherwise...
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