39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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40-5-17
Section 40-5-17 Levy and sale of personal property - When delinquent taxpayer has left county.
When the collector has information that any person owing taxes in his county, whether due
or not, has left the county, he shall make out and certify to the judge of probate a bill
against such person and procure the approval thereof by the judge of probate in all respects
as provided in Section 40-5-31, and such bill shall operate as a writ of fieri facias, and
the same may be executed by the collector if the personal property of the taxpayer is found
in his county or may be by such collector forwarded to the collector of any county in which
the taxpayer has any property, and the collector of such other county, on the receipt of such
writ, shall file the same for record in the probate office in his county and, without delay
shall give notice to the delinquent taxpayer in person or by certified or registered mail,
return receipt demanded. On failure of said delinquent taxpayer to satisfy after...
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40-10-182
Section 40-10-182 Tax liens subject to public auction or sale; notice. (a) All tax liens representing
unpaid and delinquent taxes on real property shall be subject to a tax lien auction or a tax
lien sale. (b)(1) The tax collecting official of any county shall conduct a public auction
for the sale and transfer of delinquent tax liens. The tax collecting official shall notify
the delinquent taxpayer of the auction at least 30 days prior to the tax lien auction by first
class mail and by any one of the following: a. Advertising for once a week for three consecutive
weeks in a newspaper with general circulation in the county where the property is located.
b. Advertising on an online website controlled by the tax collecting official and accessible
from the tax collecting official's website. c. Posting at the courthouse of the county and
if possible in a public place in the precinct where the property is located. (2) The notices
shall declare the time and location of the auction. (c) The...
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6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and value
thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
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6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings
as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued
in aid of a pending action or upon a judgment, the defendant may make and file with the judge
or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not
exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient
surety, to be approved by such judge or clerk, conditioned to pay the amount for which the
garnishee may be found indebted or liable to the defendant and the cost of the garnishment.
Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment
and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must
answer, and, except as is otherwise provided in this article, the case must proceed and be
determined as if such bond had not been executed. (b) If the...
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40-5-14
Section 40-5-14 Levy and sale of personal property - Time; notice; location. After January
1 of each year, the tax collector must proceed, without delay, to levy upon the personal property
of delinquent taxpayers for the payment of their taxes and, after having first given 10 days'
notice of the time and place of sale, with a description of the property to be sold, by posting
the same at three or more public places in the precinct of the residence of such delinquent,
either at the time of assessment or of the levy, or, if he is a nonresident of the county,
in the precinct in which the levy is made he must sell the same, or so much thereof as may
be necessary to satisfy the taxes, fees, and expenses of sale, including the expenses of keeping
the property and moving the same to the place of sale in front of the courthouse of the county,
or at the voting place, or at the residence of such delinquent, or at any other place in the
precinct in which such notice was posted, at public outcry...
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35-11-112
Section 35-11-112 Joinder of persons having liens on same property. (a) Persons having liens
under the provisions of this division, on the same property, may join in the same action for
the enforcement of their respective liens; and when there is such joinder, the court or jury
trying the action must ascertain the amount due to each of the plaintiffs secured by the lien,
and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs
to establish his or their liens shall not defeat a recovery by the others. The proceeds of
the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs,
shall be distributed, after payment of the costs, pro rata among them. (b) When persons having
such liens on the same property refuse, after notice in writing, to join in such action, the
persons giving the notice may proceed without them on making affidavit of the fact of such
notice and refusal; and notice of the levy of the attachment...
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40-7-22
Section 40-7-22 Procedure by assessor upon failure to procure list. Having failed to procure
on verbal or written demand from any delinquent his list of taxable property on or before
the third Monday in January, the assessor shall ascertain from inquiry or otherwise the property
and other subjects of taxation upon which such person is liable to be taxed and shall list
and make return thereof upon the proper blank and note upon such returns the failure of the
owner after notice to make such return and the accrual of a penalty of 10 percent of the taxes
to be assessed thereon. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §52.)...
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40-2-15
Section 40-2-15 Notice of setting assessment aside; revaluation and notice thereof. Whenever
the Department of Revenue has set aside and held for naught any assessment of property, except
as otherwise provided herein, it shall give notice by mail of such action to the tax assessor
of the county in which the property involved is located and to the owner of such property,
by certified or registered mail, return receipt demanded. As soon as practicable after any
property assessment has been set aside by the Department of Revenue, the department shall
make a revaluation and, in the same notice, set a date for hearing objections, if any are
made, to the valuation so fixed, and the hearing of objections shall be held at the office
of the Department of Revenue, in Montgomery, Alabama, or at the courthouse of the county in
which is located the property involved in the assessment, if demanded by the taxpayer, his
agent or attorney, and when such assessment shall have been completed and made...
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