|
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-273.htm - 949 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-272.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-24A-32.05.htm - 6K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-19.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-12A-2.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19A-18.htm - 2K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-85.6.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14A-15.htm - 6K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-372.htm - 2K - Match Info - Similar pages
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;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-12-84.htm - 2K - Match Info - Similar pages
|