41-9-80.4
Section 41-9-80.4 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Notwithstanding any other provision of law to the contrary, a victim of a crime may bring a civil action in a court of competent jurisdiction to recover restitution or money damages, or both, from the convicted individual who committed the crime or the individual's representative. (b) Notwithstanding any other provision of law to the contrary, a judgment obtained pursuant to this section is not subject to execution or enforcement against the first one thousand dollars ($1,000) deposited into an inmate or prisoner account to the credit of an inmate. (c) In actions seeking relief pursuant to subsection (a), the claim must not be considered as having accrued until: (1) the actual discovery of the profits or funds; or (2) actual notice received from or published by the Securities Commission of the discovery of the profits...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-80.4.htm - 1K - Match Info - Similar pages
8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or who would suffer injury from any threatened violation, of this chapter may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court shall enjoin and restrain, or otherwise prohibit, such violation or threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit, including reasonable attorney's fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and cost of suit, including reasonable attorney's fees, shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-22-17.htm - 2K - Match Info - Similar pages
35-2-58
Section 35-2-58 Vacation and annulment of map or plat, etc., by circuit court - Jurisdiction; parties. The circuit courts of this state shall have jurisdiction and power to vacate and annul any map, plat, or survey of lands, or any streets, alleys, avenues, or roads, whether designated by any such maps, plats, or surveys or not, upon the filing of a civil action by any person or persons owning any of the lots, parcels, or tracts of land abutting such roads, streets, or alleys sought to be vacated or annulled. Unless the owners of all the lots or parcels of land so abutting upon the roads, streets, or alleys sought to be vacated join as plaintiffs, the owners and claimants of such other lots or parcels of land abutting upon the roads, streets, or alleys sought to be vacated shall be made parties defendant; and the municipality, town, or city, if the land is located within any municipality, town, or city, shall also be made a party defendant; and, if not located in such municipality,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-2-58.htm - 1K - Match Info - Similar pages
10A-3-7.10
Section 10A-3-7.10 Liquidation - Jurisdiction of court to liquidate assets and affairs of corporation. (a) The circuit court of the county in which the nonprofit corporation's principal office is located in this state, and if none in this state, the circuit court for the county in which the nonprofit corporation's most recent registered office is located shall have full power to liquidate the assets and affairs of a nonprofit corporation: (1) In an action by a member or director when it is established: a. That the directors are deadlocked in the management of the corporate affairs and that irreparable injury to the nonprofit corporation is being suffered or is threatened by reason thereof, and either that the members are unable to break the deadlock or there are no members having voting rights; b. That the acts of the directors or those in control of the nonprofit corporation are illegal, oppressive, or fraudulent; c. That the members entitled to vote in the election of directors are...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-3-7.10.htm - 2K - Match Info - Similar pages
14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any civil action with respect to prison conditions, no prisoner release order shall be entered unless both of the following are satisfied: (1) A court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the right sought to be remedied through the prisoner release order. (2) The defendant has had a reasonable amount of time to comply with the previous court orders. (b) In any civil action in state court with respect to prison conditions, a prisoner release order shall be entered by a three-judge court, if the requirements of subsection (f) have been met. (c) In any action required to be heard and determined by a court of three judges, the composition and procedure of the court shall be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request is presented shall immediately notify the Chief Justice of the Alabama...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/14-15-10.htm - 3K - Match Info - Similar pages
45-37A-240.01
Section 45-37A-240.01 Prisoner transport fee. (a)(1) Notwithstanding any law to the contrary, the Municipal Court of the City of Hoover, Alabama, may assess a prisoner transport fee against a defendant for expenses incurred in transporting the defendant on a Hoover Municipal Court misdemeanor warrant from another municipal jail, county jail, or a state detention facility to the Hoover Municipal Detention Facility. (2) The fee provided in this section may be assessed in all criminal cases by the municipal judge when a transport is required as described in subdivision (1), and may be collected only when a defendant is adjudicated guilty or pleads guilty on or after May 24, 2005. The prisoner transport fee shall be collected from the defendant as court costs and other fees are collected. (3) Assessment of a prisoner transport fee by the municipal court is permitted only when transport of a defendant is required from outside the police jurisdiction of the City of Hoover, but within the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.01.htm - 2K - Match Info - Similar pages
15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended to be used in, or derived from, a felony offense. Except as provided otherwise in this article, the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290, inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest in any type of property shall not be forfeited under this article for any act or omission unless the state proves that the act or omission was committed or omitted with the knowledge or consent of that owner or lienholder. (2) The state may stipulate that the interest of an innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof of the claim. The state shall file the stipulation with the court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-5-63.htm - 3K - Match Info - Similar pages
45-37A-270
Section 45-37A-270 Prisoner transport fee. (a)(1) Notwithstanding any law to the contrary, the Municipal Court of the City of Irondale in Jefferson County may assess a prisoner transport fee against a defendant for expenses incurred in transporting the defendant on an Irondale Municipal Court misdemeanor warrant from another municipal jail, county jail, or a state detention facility to the municipal jail for the City of Irondale. (2) The fee provided in this section may be assessed in all criminal cases by the municipal judge when a transport is required as described in subdivision (1), and may be collected only when a defendant is adjudicated guilty or pleads guilty on or after May 22, 2013. The prisoner transport fee shall be collected from the defendant as court costs and other fees are collected. (3) Assessment of a prisoner transport fee by the municipal court is permitted only when transport of a defendant is required from outside the police jurisdiction of the City of Irondale,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.htm - 2K - Match Info - Similar pages
15-13-126
Section 15-13-126 Return of bondsman's process. (a) All bondsman's processes, when executed by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of police, or other authorized law enforcement officer to the clerk of the court from which they were issued once the defendant is returned to the custody of the court of jurisdiction with the proper return thereon endorsed. (b) If the bondsman's process is executed, the return shall be made within five days after service. (c) When any writ of arrest or other warrant issued by the clerk of the court, in the same case as a bondsman's process, to any law enforcement officer and the warrant has been executed and returned to the clerk of the court, the clerk shall notify the surety which obtained the bondsman's process, and if the bondsman's process has not been executed at the time of the notice, then the surety shall return the process to the clerk of the court within five days and the surety shall endorse...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-126.htm - 2K - Match Info - Similar pages
18-1A-91
Section 18-1A-91 Contents of answer; preliminary objections. (a) In addition to other matters required or permitted by law, a defendant may state in an answer: (1) The nature and extent of the interest claimed by him in the property sought to be taken; and (2) The nature of and basis for any preliminary objections. (b) The preliminary objections may include any available ground for objecting to the maintenance of the action, including the grounds that: (1) The plaintiff is not lawfully entitled to take the defendant's property for the purpose described in the complaint; (2) A mandatory condition precedent to the commencement or maintenance of the action has not been satisfied; and (3) The probate court lacks jurisdiction of the defendant or of the subject matter, or is not the proper venue, or the complaint or any other procedural aspect of the action is defective, insufficient, or improper. (Acts 1985, No. 85-548, p. 802, ยง502.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-91.htm - 1K - Match Info - Similar pages
|