|
7-9A-404
Section 7-9A-404 Rights acquired by assignee; claims and defenses against assignee. (a) Assignee's
rights subject to terms, claims, and defenses; exceptions. Unless an account debtor has made
an enforceable agreement not to assert defenses or claims, and subject to subsections (b)
through (e), the rights of an assignee are subject to: (1) all terms of the agreement between
the account debtor and assignor and any defense or claim in recoupment arising from the transaction
that gave rise to the contract; and (2) any other defense or claim of the account debtor against
the assignor which accrues before the account debtor receives a notification of the assignment
authenticated by the assignor or the assignee. (b) Account debtor's claim reduces amount owed
to assignee. Subject to subsection (c) and except as otherwise provided in subsection (d),
the claim of an account debtor against an assignor may be asserted against an assignee under
subsection (a) only to reduce the amount the account...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-404.htm - 2K - Match Info - Similar pages
18-1A-212
Section 18-1A-212 Crediting amounts paid or withdrawn from deposited funds. (a) The judgment
shall credit against the total amount awarded to the defendant any payments made before the
date of entry of the judgment by plaintiff to the defendant as compensation for the property
taken, plus any funds which the defendant withdrew from money deposited by the plaintiff.
(b) If the amount to be credited against the award under subsection (a) exceeds the total
amount awarded, the judgment shall require the defendant to pay the excess to the plaintiff
or other person entitled thereto. (Acts 1985, No. 85-548, p. 802, §1203.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-212.htm - 942 bytes - Match Info - Similar pages
34-27A-2
Section 34-27A-2 Definitions. The following terms as used in this article shall have the following
meanings: (1) APPRAISAL. The act or process of developing an opinion of value of real property;
an opinion of the value of real property; of or pertaining to appraising real property and
related functions such as appraisal practice or appraisal services. (2) APPRAISAL FOUNDATION.
The Appraisal Foundation incorporated as an Illinois not-for-profit corporation on November
30, 1987. (3) APPRAISAL MANAGEMENT COMPANY. An external third party including, but not limited
to, a corporation, partnership, sole proprietorship, subsidiary, or limited liability company,
authorized either by a creditor of a consumer credit transaction secured by the principal
dwelling of a consumer or by an underwriter of or other principal in the secondary mortgage
markets, that oversees a network or panel of more than four certified or licensed appraisers
in a state or 25 or more nationally in a given year, that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27A-2.htm - 6K - Match Info - Similar pages
5-17-18
Section 5-17-18 Interest rates and finance charges on loans; late charge. State chartered credit
unions may charge such rates of interest and other finance charges as are authorized for other
financial institutions pursuant to the Alabama Consumer Credit Act or other applicable law
and may charge a late charge in an amount authorized by the Alabama Consumer Credit Act, provided
that such late charge may only be assessed on simple interest loans and simple interest open-end
credit plans. As used herein, "simple interest" means charging an interest rate
on the unpaid balances of the amount outstanding from time to time for the actual time such
balance is outstanding. (Acts 1927, No. 597, p. 696; Code 1940, T. 28, §296; Acts 1989, No.
89-632, p. 1241, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-17-18.htm - 1K - Match Info - Similar pages
7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-102.htm - 29K - Match Info - Similar pages
6-6-411
Section 6-6-411 Executors and administrators. (a) Executors and administrators may be garnished
for debts due by the testator or intestate to the defendant and may have process of garnishment
in their representative character. (b) Executors and administrators may be garnished for debts
due by the legatees or distributees, but no judgment can be entered against them until a settlement
of the estate, unless they assent to the legacy or admit assets to pay the amount claimed
or some portion thereof out of the distributive share of the debtor. (Code 1852, §§2519,
2520; Code 1867, §§2946, 2947; Code 1876, §§3272, 3273; Code 1886, §§2948, 2949; Code
1896, §§2178, 2179; Code 1907, §§4307, 4308; Code 1923, §§8058, 8059; Code 1940, T.
7, §§1002, 1003.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-411.htm - 1K - Match Info - Similar pages
7-9A-614
Section 7-9A-614 Contents and form of notification before disposition of collateral: Consumer-goods
transaction. In a consumer-goods transaction, the following rules apply: (1) A notification
of disposition must provide the following information: (A) the information specified in Section
7-9A-613(1); (B) a description of any liability for a deficiency of the person to which the
notification is sent; (C) a telephone number from which the amount that must be paid to the
secured party to redeem the collateral under Section 7-9A-623 is available; and (D) a telephone
number or mailing address from which additional information concerning the disposition and
the obligation secured is available. (2) A particular phrasing of the notification is not
required. (3) The following form of notification, when completed, provides sufficient information:
Name and address of secured party Date NOTICE OF OUR PLAN TO SELL PROPERTY Name and address
of any obligor who is also a debtor Subject: ___...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-614.htm - 3K - Match Info - Similar pages
8-25-2
Section 8-25-2 Disclosures by merchant to consumer; inaccuracy due to acts, etc., after delivery;
form of disclosure. (a) The merchant shall disclose to the consumer the information required
by this title. In a transaction involving more than one consumer, the merchant need disclose
to only one of the consumers who are primarily obligated. In a transaction involving more
than one merchant, only one merchant need make the disclosures. (b) The disclosures shall
be made clearly and conspicuously in writing in a form that the consumer may keep. The required
disclosure may be made a part of the rental-purchase agreement or provided on a separate form.
(c) If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement
after delivery of the required disclosure, the resulting inaccuracy is not a violation of
this title. (d) For each rental-purchase agreement, the lessor shall disclose the following
items, as applicable: (1) Whether the merchandise is new or has been...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-25-2.htm - 2K - Match Info - Similar pages
40-18-105
Section 40-18-105 Finalization and notice of setoff. (a) Upon final determination of the amount
of the debt due and owing by means of a hearing provided by Section 40-18-104 or by the taxpayer's
default through failure to comply with Section 40-18-103 mandating timely request for review,
the claimant agency shall remove the amount of the debt due and owing from the escrow account
established pursuant to Section 40-18-103 and credit such amount to the debtor's obligation.
(b) Upon transfer of the debt due and owing from the escrow account to the credit of the debtor's
account, the claimant agency shall notify the debtor in writing of the finalization of the
setoff. Such notice shall include a final accounting of the refund which was set off including
the amount of the refund to which the debtor was entitled prior to the setoff, the amount
of the debt due and owing, the amount of the refund in excess of the debt which was returned
to the debtor by the department pursuant to subsection...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-105.htm - 1K - Match Info - Similar pages
10A-5-6.05
Section 10A-5-6.05 Member's financial rights subject to charging order. REPEALED IN THE 2014
REGULAR SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) On application to a court of
competent jurisdiction by any judgment creditor of a member or assignee, the court may charge
the interest of the member or assignee with payment of the unsatisfied amount of the judgment
with interest. To the extent so charged, the judgment creditor has only the rights of an assignee
of financial rights. This section shall be the sole and exclusive remedy of a judgment creditor
with respect to the judgment debtor's membership interest. (b) This chapter does not deprive
any member of the benefit of any exemption laws applicable to the member's limited liability
company interest. (Acts 1993, No. 93-724, p. 1425, §35; Act 97-920, 1st Ex. Sess., p. 312,
§1; §10-12-35; amended and renumbered by Act 2009-513, p. 967, §234.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5-6.05.htm - 1K - Match Info - Similar pages
|