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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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35-12-72
Section 35-12-72 Presumption of abandonment. (a) Property is presumed abandoned if it is unclaimed
by the apparent owner during the time set forth below for the particular property: (1) Traveler's
checks, 15 years after issuance. (2) Money order, five years after issuance. (3) A demand,
savings, or time deposit including a deposit that is automatically renewable, three years
after the earlier of maturity, as extended from time to time, or the date of the last indication
by the apparent owner of interest in the property. (4) Tangible and intangible property held
in a safe deposit box or other safekeeping depository in this state in the ordinary course
of the holder's business and proceeds resulting from the sale of the property permitted by
other law, three years after expiration of the lease or rental period on the box or other
depository. (5) Money or credits owed to a customer as a result of a retail business transaction,
one year after the obligation accrued. (6) Property in an...
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37-2-30
Section 37-2-30 Sale of unclaimed freight - Insurance; application of proceeds; record; disposition
of surplus. (a) The transportation company may insure the freight, at the expense of the owner,
from the date of its arrival to the sale above authorized. (b) A record shall be kept of the
articles sold and of the price obtained therefor, transportation charges, cost of insurance
and all charges incident to storage, advertisement and sale. (c) The proceeds of any sale
made under Section 37-2-28 or Section 37-2-29 shall be applied to the payment of the charges
enumerated in subsection (b) of this section, and the residue, if any, shall be paid over
to the party entitled thereto, if known, at the time of such sale; otherwise, such surplus
shall be paid to the party entitled thereto, if demanded, at any time within two years from
the date of such sale. (Code 1867, §1886, Code 1876, §2142; Code 1886, §1183; Code 1896,
§4227; Code 1907, §6140; Acts 1911, No. 320, p. 387; Code 1923,...
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40-10-27
Section 40-10-27 Fees. For each notice to a delinquent property owner to show cause why a decree
of sale should not be rendered, the judge of probate is entitled to a fee of $5 and for each
decree of sale, $5; the tax collector shall have $5 for serving each notice which may be given
by certified or registered mail with return receipt demanded, but for his attendance at court,
he shall receive no pay; but in case of appeal, the sheriff and the clerk of the appellate
court shall be entitled to the same fees as for services in like cases. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §274; Acts 1980, No. 80-630, p. 1087, §7; Acts 1990, No. 90-535,
p. 837, §1.)...
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41-27-60
Section 41-27-60 Definitions. For the purposes of this article, the following terms shall have
the following meanings: (1) AGENCY. The Alabama State Law Enforcement Agency. (2) MOTOR VEHICLE.
A vehicle intended primarily for use and operation on the public roads and highways which
is self-propelled. (3) NONCONSENSUAL TOWING. The moving, transporting, or recovery of a commercial
vehicle by a towing and recovery service without the prior consent or authorization of the
owner or operator of the vehicle. (4) TOWING. The moving, transporting, or recovery from private
property or from a storage facility of a person's commercial motor vehicle, the moving or
removing of an unclaimed motor vehicle, as defined in Section 32-8-84, or the immobilization
of or preparation for moving or removing of the commercial motor vehicle, for which a fee
is charged, either directly or indirectly. (5) TOWING AND RECOVERY SERVICE. An individual
or business entity that provides towing and recovery services at the...
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45-10-234.4
Section 45-10-234.4 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR
SESSION, EFFECTIVE MAY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The owner of any
abandoned or stolen personal property recovered by the Cherokee County Sheriff's Office, including
firearms, may claim the property at any time prior to its sale by submitting sufficient proof
of ownership as determined by the sheriff. The sheriff may require the owner to pay a pro
rata share of the costs, if any, of publication of notice of the sale of the property. (Act
2018-79, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-10-234.4.htm - 883 bytes - Match Info - Similar pages
45-12-230
Section 45-12-230 Sale of confiscated, abandoned, or unclaimed property. (a) In circumstances
not specifically provided in the general laws of the state, including specifically without
limitation Chapter 12 of Title 35; Section 20-2-93, and Title 28, the Sheriff of Choctaw County
is hereby authorized to sell at public auction confiscated, abandoned, or unclaimed personal
property as hereinafter provided. (b) Prior to the sale of property as described in subsection
(a), the sheriff must advertise such sale, the time and place thereof, and a description of
the property, at least once a week for four successive weeks in a newspaper having countywide
circulation. The sheriff or one of his or her officers must conduct entirely any such public
sale, and any proceeds thereof shall be deposited in the Pistol Permit Account for the sheriff's
department. Such proceeds shall be used as determined by the sheriff. (Act 83-624, p. 973,
§§1, 2.)...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-78.htm - 3K - Match Info - Similar pages
35-12-83
Section 35-12-83 Filing and handling of claims. (a) A person, excluding another state, claiming
property paid or delivered to the Treasurer may file a claim on a form prescribed by the Treasurer
and verified by the claimant. (b) Within 120 days after a claim is filed, the Treasurer shall
allow or deny the claim and give written notice of the decision to the claimant. If the claim
is denied, the Treasurer shall inform the claimant of the reasons for the denial and specify
what additional evidence is required before the claim will be allowed. The claimant may then
file a new claim with the Treasurer or maintain an action under Section 35-12-85. (c) Within
30 days after a claim is allowed, the property or the net proceeds of a sale of the property
must be delivered or paid by the Treasurer to the claimant. When property is paid or delivered
to the Treasurer under this article, the owner is not entitled to receive interest, thereafter;
however, the owner is entitled to receive dividends...
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40-1-24
Section 40-1-24 Duty of sheriff in selling property under execution, etc. When any sheriff
or other officer shall sell any property under execution or other process, or under any decree,
judgment, or order of any court, it shall be his duty to ascertain what taxes are a lien upon
such property and, upon a sale thereof, to first apply the proceeds of such sale to the payment
of such taxes. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §903.)...
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