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28-3-186
by the board. (c) Any wholesaler who fails timely to pay any tax levied by this article shall
be subject to disciplinary action by the hearing commission and, upon being adjudged guilty,
shall be subject to revocation or suspension of license. (d) If any taxes or penalties imposed
by this article remain due and unpaid for a period of 10 days, the board shall issue a warrant
or execution directed to any sheriff of the State of Alabama, commanding him to levy upon
and sell the real and personal property of the taxpayer found within his county for
the payment of the amount thereof, with penalties, if any, and the cost of executing the warrant,
and to return such warrant to the board and to pay it the money collected by virtue thereof.
Upon receipt of such execution, the sheriff shall file with the clerk of the circuit court
of his county a copy thereof and thereupon the clerk of the circuit court shall enter in his
abstract of judgments the name of the taxpayer mentioned in the...
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40-1-2
Section 40-1-2 Lien for taxes - Generally. (a) If any person liable to pay any tax, other than
ad valorem taxes, neglects or refuses to pay the same the amount, including any interest,
penalty, additional amount, or addition to such tax, together with any costs which may accrue
in addition thereto, shall be a lien in favor of the State of Alabama upon all property and
the rights to property, real or personal, belonging to such person. Unless another
date is specifically fixed by law, the lien shall arise at the time the assessment list, return
therefor or the payment thereof, as the case may be, was due to have been filed with or made
to the Department of Revenue or other agency of the state or county and shall continue until
the liability for such amount is satisfied or becomes unenforceable by reason of the lapse
of time. (b) Such lien shall not be valid against any mortgagee, purchaser in the usual course
of trade, or conventional judgment creditor with an actual money judgment of...
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11-70-5
Section 11-70-5 Notice of hearing. (a) Not less than 30 days before the date on which the hearing
on the quiet title and foreclosure petition is scheduled, the municipality shall do both of
the following: (1) Send a notice of the hearing to the interested parties identified under
subsection (b) of Section 11-70-2 for each parcel named in the petition by both certified
mail, return receipt requested, and regular mail. (2) Post conspicuously on each property
named in the petition notice of the hearing, which includes the following statement: "THIS
PROPERTY HAS BEEN TRANSFERRED TO [NAME OF MUNICIPALITY] AND IS SUBJECT TO AN EXPEDITED QUIET
TITLE AND FORECLOSURE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY
ARE REQUESTED TO CONTACT [NAME OF MUNICIPALITY]." (b) Notices provided to the interested
parties under this section shall include all of the following: (1) The date on which the municipality
recorded in probate court its notice of the pending expedited quiet...
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11-70A-5
Section 11-70A-5 Notice of hearing. (a) Not less than 30 days before the date on which the
hearing on the quiet title and foreclosure petition is scheduled, the municipality shall do
both of the following: (1) Send a notice of the hearing to the interested parties identified
under subsection (b) of Section 11-70A-2 for each parcel named in the petition by both certified
mail, return receipt requested, and regular mail. (2) Post conspicuously on each property
named in the petition notice of the hearing which includes the following statement: "THIS
PROPERTY HAS BEEN TRANSFERRED TO [NAME OF MUNICIPALITY] AND IS SUBJECT TO AN EXPEDITED QUIET
TITLE AND FORECLOSURE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY
ARE REQUESTED TO CONTACT [THE MUNICIPALITY]." (b) Notices provided to the interested
parties under this section shall include all of the following: (1) The date on which the municipality
recorded in probate court its notice of the pending expedited quiet...
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19-3A-104
including, but not limited to: (1) The nature, purpose, and expected duration of the trust;
(2) The intent of the settlor; (3) The identity and circumstances of the beneficiaries; (4)
The needs for liquidity for the trust; (5) The regularity of income to the trust; (6) The
need for preservation and appreciation of capital; (7) The nature of the assets held in the
trust and the extent to which they consist of financial assets, interests in closely held
enterprises, tangible and intangible personal property, or real property; (8) The extent
to which an asset is used by a beneficiary; (9) Whether an asset was purchased by the trustee
or received from the settlor; (10) The net amount allocated to income under the other sections
of this chapter and the increase or decrease in the value of the principal assets, which the
trustee may estimate as to assets for which market values are not readily available; (11)
Whether and to what extent the terms of the trust a. give the trustee the power...
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26-1A-212
Section 26-1A-212 Claims and litigation. Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to claims and litigation authorizes
the agent to: (1) assert and maintain before a court or administrative agency a claim, claim
for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action
to recover property or other thing of value, recover damages sustained by the principal, eliminate
or modify tax liability, or seek an injunction, specific performance, or other relief; (2)
bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or
intermediate relief and use an available procedure to effect or satisfy a judgment, order,
or decree; (4) make or accept a tender, offer of judgment, or admission of facts, submit a
controversy on an agreed statement of facts, consent...
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40-25-2.1
the Department of Revenue of the State of Alabama. (3) DEPARTMENT. The Department of Revenue
of the State of Alabama. (4) NET TAX PROCEEDS. The entire proceeds from the tax herein levied
less costs of collection, refunds, grants, and credits as may be authorized by law. (5) PERSON.
Individuals, firms, corporations, partnerships, companies, or other agencies, associations,
incorporated or otherwise, singular or plural. (6) STATE. The State of Alabama. (7) WHOLESALE
SALE. A sale of tangible personal property by wholesalers to licensed retail merchants,
jobbers, dealers, or other wholesalers for resale and shall not include a sale by wholesalers
to users or consumers, not for resale. (b) There is hereby levied a tax upon all cigar wrappers
manufactured using tobacco sold at wholesale in this state or imported into this state for
use, consumption, or sale at retail. The tax shall be levied upon each package in the following
amounts: Weighing not more than one and one-eighth ounces, four...
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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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11-54B-9
Section 11-54B-9 Collection of special assessment; procedures; claim of lien; interest, penalties,
and fees. (a) A self-help business improvement district ordinance shall provide that the special
assessment levied on the owners of the real property located within the geographical area
of the district shall be collected by the district management corporation. The collection
procedures utilized by the district management corporation shall include the mailing of a
notice of the special assessment to the person shown as owner of the property on the records
of the tax assessor in the following manner: (1) After October 1 of each year, the district
management corporation may levy the special assessment for services to be provided during
the following calendar year. (2) The assessment shall be due on December 1 and delinquent
on January 1 following the October levy. (3) Upon delinquency, interest and penalties may
be assessed in the amounts provided in subsection (d). (b) Notwithstanding...
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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household
exemptions; state regulatory program. (a) Generally. (1) The county commission or municipal
governing body may, and is hereby authorized to, make available to the general public collection
and disposal facilities for solid wastes in a manner acceptable to the department. The county
commission or municipal governing body may provide such collection or disposal services by
contract with private or other controlling agencies and may include house-to-house service
or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable
(generally less than eight miles) distance from the farthest affected household and the wastes
managed in a manner acceptable to the department. (2) Any county commission or municipal governing
body providing services to the public under this article shall have the power and authority
by resolution or ordinance to adopt rules and...
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