6-5-273
Section 6-5-273 Jurisdiction of courts. An action for recovery of damages and penalties under this article may be brought in any court of competent jurisdiction, including the small claims division of a district court in the county where the merchant is located, if the person or the parent or legal guardian of the unemancipated minor who committed the theft offense fails to make payment to the merchant of the amount specified in the demand within 30 days after the date of service of the written demand upon him or her, if the total damages do not exceed the jurisdictional limit of the small claims division. (Acts 1993, No. 93-676, ยง4.)...
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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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45-24A-32.05
Section 45-24A-32.05 Jurisdiction of court; adjudicative hearing; liability; evidence and procedure. (a) The municipal court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this part, and to issue orders imposing the civil penalties and costs set out in this part. (b) A person who receives a notice of violation may contest the imposition of the civil penalty by submitting a request for a hearing on the adjudication of the civil violation, in writing, within 15 days of the 10th day after the date the notice of violation is mailed. Upon receipt of a timely request, the city shall notify the person of the date and time of the adjudicative hearing. (c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation. (d) The civil penalty and court costs shall not be assessed if, after a hearing, the municipal court judge...
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37-2-19
Section 37-2-19 Reparation. (a) Where complaint has been made to the commission concerning any rate or other charge of any transportation company and the commission has found, after a hearing, that the transportation company has received an excessive or unjustly discriminatory amount on account of such rate or charge, the commission may order that the transportation company make due reparation to the complainant therefor, within a time to be designated in said order, together with interest at the legal rate from the date of receipt of such excessive or unjustly discriminatory amount. The commission shall also make and file in every case in which reparation is ordered to be paid a full finding of the material facts upon which the order is based. Reparation shall not be awarded in case of any rate which has been adjudged to be just and reasonable and otherwise lawful by the commission after investigation had upon due notice and hearing. (b) If the transportation company does not comply...
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8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not assert a claim of patent infringement in bad faith. (b) The Attorney General may investigate claims of patent infringement alleged to have been made in bad faith and may do both of the following: (1) Issue subpoenas to any person to appear and produce relevant papers, documents, and physical evidence, and administer an oath or affirmation to any person, in aid of any investigation or inquiry into possible violations of this chapter. Subpoenas shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey a subpoena, the Attorney General may apply to a court of competent jurisdiction for an order compelling compliance. After an action is commenced, discovery may proceed in accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action in the name of the state, as necessary, to seek injunctive and any other...
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8-19A-18
Section 8-19A-18 Civil penalties; recovery of penalties. (a) Any person who engages in any act or practices that violate this chapter is liable for a civil penalty of up to ten thousand dollars ($10,000) for each violation. (b) The civil penalty may be recovered by any of the following: (1) Civil action against the person engaging in the violative act or practice. (2) Agreement and settlement of a civil action filed by stipulation of terms by the person engaging in the violative act or practice and the director of the division by authority of the Attorney General, and by payment of any agreed upon amount by the person against whom the claim was filed. (3) The settlement of a claim against a person for violation of this chapter before civil action is filed by agreement upon terms and by the payment of any settlement amount agreed upon by the person and the director of the division by authority of the Attorney General. (c) Upon ceasing the violative act or practice and agreeing to desist...
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41-9-85.6
Section 41-9-85.6 Failure to provide notice; penalties; costs and expenses of Securities Commission. (a) If a person knowingly and willfully fails to give notice in violation of Section 41-9-85.2, the Securities Commission, after notice and hearing pursuant to the Alabama Administrative Procedure Act, may impose an assessment of up to the amount of the payment or obligation to pay and a civil penalty of up to one thousand dollars ($1,000) or ten percent of the payment or obligation to pay, whichever is greater. (b)(1) If a person fails to pay the assessment and civil penalty imposed by subsection (a), the assessment and civil penalty may be recovered from the person by an action brought by the Securities Commission in any court of competent jurisdiction. (2) Notwithstanding any provision of law to the contrary, an alleged failure by a convicted individual to give notice under Section 41-9-85.2 may not result in proceedings for an alleged violation of the conditions of probation,...
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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved homeowner may recover actual economic damages, not including interest and court costs, sustained within the state as the direct result of conduct of a licensee in violation of this chapter or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners' Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners' Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund shall not make payments based on consent judgments. (3) Failure of the homeowner to follow any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund. (b) The board, by rule, shall determine the maximum amount of...
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35-11-372
Section 35-11-372 Release or satisfaction. (a) During the period of time allowed by Section 35-11-371 for perfecting the lien, including that period of time during which the hospital is awaiting payment or denial by the patient's health care payor, and also after the lien provided for by this division has been perfected by any lienholder entitled thereto, no release or satisfaction of any action, claim, counterclaim, demand, judgment, settlement, or settlement agreement, or of any of them, shall be valid or effectual as against the lien unless the lienholder shall join therein or execute a release of the lien. (b) Any acceptance of a release or satisfaction of any action, claim, counterclaim, demand, or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this division shall prima facie constitute an impairment of the lien, and the lienholder shall be entitled to a civil action for damages on account of the...
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35-12-84
Section 35-12-84 Filing of a claim - intestate and small claims. (a) The surviving spouse or, if none, the surviving child or children or, if none, the surviving parent or parents of an abandoned property owner who has died intestate may claim the abandoned property under this section, and will have a defeasible right to the property, if all of the following conditions exist: (1) The aggregate value of the abandoned property held on behalf of the owner, as established by rule, must not exceed the amount allowed in Section 43-2-692. (2) The claim need not be accompanied by an order of a probate court if the claimant files documentation established in the rules, including, but not limited to, a. a written confirmation by the probate court that no estate has been opened or filed; b. an affidavit, signed by all beneficiaries, as applicable, stating that all beneficiaries have amicably agreed among themselves upon a division of the property; c. supporting documentation showing heir rights;...
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