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27-42-3
Section 27-42-3 Applicability of chapter. This chapter shall apply to all kinds of direct insurance,
excluding all of the following: (1) Life, annuity, health, or disability insurance. (2) Mortgage
guaranty, financial guaranty, or other forms of insurance offering protection against investment
risks. (3) Fidelity or surety bonds, or any other bonding obligations. (4) Credit insurance,
vendors' single interest insurance, or collateral protection insurance or any similar insurance
protecting the interests of a creditor arising out of a creditor-debtor transaction. (5) Insurance
of warranties or service contracts, including insurance that provides for the repair, replacement,
or service of goods or property, or indemnification for repair, replacement, or service, for
the operational or structural failure of the goods or property due to a defect in materials,
workmanship, or normal wear and tear, or provides reimbursement for the liability incurred
by the issuer of agreements or service...
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6-6-483
Section 6-6-483 Answer of state official garnished to show assent to judgment. Where an official
of the State of Alabama or other person designated in this division has been garnished, as
provided by Section 6-6-482, and answer has been filed by said person, in accordance with
the mandate of said writ, admitting that the said State of Alabama is due, or will be due,
the defendant in said garnishment proceedings money for salary and has said money ready for
payment when due, the said answer must also show the assent of said person that judgment may
be entered in said case for the amount shown in said answer or so much thereof as may be necessary
to satisfy plaintiff's judgment. In no case shall judgment against said official or other
person designated in this division as the agent of the state be entered on said answer or
in said garnishment proceedings unless such assent and consent to said judgment is shown in
said answer. When such final judgment is so entered, after trial of said...
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8-35-2
Section 8-35-2 Security freeze on credit report. (a) A consumer may place a security freeze
on the consumer's credit report by making a request in writing by certified mail to a consumer
credit reporting agency. No later than August 31, 2012, a consumer credit reporting agency
shall make available to consumers an Internet based method of requesting a security freeze
and a toll-free telephone number for consumers to use to place a security freeze, temporarily
lift a security freeze, or completely remove a security freeze. A security freeze shall prohibit,
subject to exceptions in subsection (m), the consumer credit reporting agency from releasing
the consumer's credit report or credit score without the prior express authorization of the
consumer as provided in subsection (d) or (e). Nothing in this subsection shall prevent a
consumer credit reporting agency from advising a third party that a security freeze is in
effect with respect to the consumer's credit report. (b) A consumer credit...
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6-10-7
Section 6-10-7 Wages, salaries, or other compensation of laborers or employees for personal
services. (a) The wages, salaries, or other compensation of laborers or employees, residents
of this state, for personal services, shall be exempt from levy under writs of garnishment
or other process for the collection of debts contracted or judgments entered in tort in an
amount equal to 75 percent of such wages, salaries, or other compensation due or to become
due to such laborers or employees, and the levy as to such percentage of their wages, salaries,
or other compensation shall be void. The court issuing the writ or levy shall show thereon
the amount of the claim of the plaintiff and the court costs in the proceedings. If at any
time during the pendency of the proceedings in the court a judgment is entered for a different
amount, then the court shall notify the garnishee of the correct amount due by the defendant
under the writ or levy. The garnishee shall retain 25 percent of the wages,...
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6-11-4
Section 6-11-4 Requirements when judgment structured; termination. Where a judgment is structured
pursuant to Section 6-11-3 above, the following shall apply: (1) Should the judgment creditor
die before the final installment is paid, the remaining payments shall be made to the estate
of the decedent, or as otherwise directed by the court having jurisdiction over the estate.
(2) Where an installment payment is more than 15 days late, there shall be added to the amount
due for that installment interest from the date payment was due at the rate of 20 percent
per annum, compounded daily, and attorney's fee if necessary to collect the amount due. (3)
Upon motion of the judgment creditor, or his estate in the event of this death, the structure
may be terminated and all unpaid installments declared immediately due if the court finds
that the judgment debtor has exhibited a continuing pattern of failing to pay installments
when due or that there is a reasonable likelihood that future payments...
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7-9A-620
Section 7-9A-620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory
disposition of collateral. (a) Conditions to acceptance in satisfaction. Except as otherwise
provided in subsection (g), a secured party may accept collateral in full or partial satisfaction
of the obligation it secures only if: (1) the debtor consents to the acceptance under subsection
(c); (2) the secured party does not receive, within the time set forth in subsection (d),
a notification of objection to the proposal authenticated by: (A) a person to which the secured
party was required to send a proposal under Section 7-9A-621; or (B) any other person, other
than the debtor, holding an interest in the collateral subordinate to the security interest
that is the subject of the proposal; (3) if the collateral is consumer goods, the collateral
is not in the possession of the debtor when the debtor consents to the acceptance; and (4)
subsection (e) does not require the secured party to...
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8-8-14
Section 8-8-14 Interest surcharge on loans or credit sales; refunds; maximum interest rate
indexed to prime rate; maximum interest rates for open-end credit plans. (a) In addition to
other lawful charges under various state laws, and notwithstanding any restrictions thereunder,
a legal licensed lending institution, a vendor making credit sales, any financial institution
operating in Alabama or any individual may, if provided in the contract, charge and collect
at the time of making a loan or credit sale, on each contract of loan or credit sale, an interest
surcharge of not more than six percent of the part of the amount financed, which is not in
excess of two thousand dollars ($2000). In addition to any rebate to which the debtor is otherwise
entitled, when any contract upon which an interest surcharge has been charged is prepaid in
full by any means within 90 days of date of the contract, the creditor shall refund or credit
the debtor with a pro rata portion of the interest surcharge,...
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40-12-391
Section 40-12-391 License - Generally. (a) No person shall be licensed as a motor vehicle dealer
under Section 40-12-51, 40-12-62, or 40-12-169, nor shall any person engage in business as,
serve in the capacity of, or act as a new motor vehicle dealer, used motor vehicle dealer,
motor vehicle rebuilder, or motor vehicle wholesaler in this state, without first obtaining
a master dealer license as provided in this article and, if a new motor vehicle dealer or
a used motor vehicle dealer, a state sales tax number. (b) No person shall engage in the business
of buying, selling, exchanging, advertising, or negotiating the sale of new motor vehicles
unless he or she holds a valid master dealer license as a new motor vehicle dealer in this
state for the make or makes of new motor vehicles being bought, sold, exchanged, advertised,
or negotiated or unless a bona fide employee or agent of the licensee. (c) No person, other
than a motor vehicle dealer licensed under this article or a recorded...
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5-19-9
Section 5-19-9 Application of payments when buyer indebted to same seller for two or more consumer
credit sales. When the buyer is indebted to a particular seller for two or more consumer credit
sales of goods and the goods which were the subject of two or more sales secure the buyer's
total debt to the seller, the security shall be discharged by applying the buyer's payments
as they are received by the seller or the seller's assignee to the portions of the debt in
the order in which they were incurred. To the extent that debts are paid according to the
preceding sentence, security interests in items of property terminate as the debt originally
incurred with respect to each item is paid. Payments received by the seller upon a revolving
charge account are deemed, for the purpose of determining the amount of the debt secured by
the various security interests, to have been applied first to the payment of finance charges
in the order of their entry to the account and then to the payment of...
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5-19-8
Section 5-19-8 Assignee of seller subject to claims and defenses of buyer. With respect to
a consumer credit sale, an assignee of the rights of the seller is subject to all claims and
defenses of the buyer against the seller arising out of the sale, notwithstanding an agreement
to the contrary, but the assignee's liability under this section may not exceed the amount
owing to the assignee at the time the claim or defense is asserted against the assignee. Rights
of the buyer under this section can only be asserted as a matter of defense to or setoff against
a claim by the assignee. (Acts 1971, No. 2052, p. 3290, §5; Acts 1996, No. 96-576, p. 887,
§2.)...
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