7-2A-531
Section 7-2A-531 Standing to sue third parties for injury to goods. (1) If a third party
so deals with goods that have been identified to a lease contract as to cause actionable injury
to a party to the lease contract (a) the lessor has a right of action against the third party,
and (b) the lessee also has a right of action against the third party if the lessee: (i) has
a security interest in the goods; (ii) has an insurable interest in the goods; or (iii) bears
the risk of loss under the lease contract or has since the injury assumed that risk
as against the lessor and the goods have been converted or destroyed. (2) If at the time of
the injury the party plaintiff did not bear the risk of loss as against the other party
to the lease contract and there is no arrangement between them for disposition of the recovery,
his or her suit or settlement, subject to his or her own interest, is as a fiduciary for the
other party to the lease contract. (3) Either party with the consent of the...
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7-2A-220
Section 7-2A-220 Effect of default on risk of loss. (1) Where risk of loss is to pass to the
lessee and the time of passage is not stated: (a) If a tender or delivery of goods so fails
to conform to the lease contract as to give a right of rejection, the risk of their loss remains
with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.
(b) If the lessee rightfully revokes acceptance, he or she, to the extent of any deficiency
in his or her effective insurance coverage, may treat the risk of loss as having remained
with the lessor from the beginning. (2) Whether or not risk of loss is to pass to the lessee,
if the lessee as to conforming goods already identified to a lease contract repudiates or
is otherwise in default under the lease contract, the lessor, or, in the case of a finance
lease, the supplier, to the extent of any deficiency in his or her effective insurance coverage
may treat the risk of loss as resting on the lessee for a commercially...
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13A-8-142
you intended to defraud the lessor. In such case the lessor may turn over the rental contract
and all other available information relating to this incident to the proper authorities for
criminal prosecution." (3) The form of notice to be given under subdivision (2) of Section
13A-8-141 above shall be sufficient if substantially as follows: "This statutory notice
is provided pursuant to Section _____ of the Code of Alabama. You are hereby notified that
you have failed to return that certain personal property leased by you under a written
rental contract dated _____, wherein _____ is the lessor, to the particular place or at the
particular time provided by the said rental contract. Pursuant to Alabama law, you have forty-eight
(48) hours from the receipt of this demand to return the leased property to the lessor at
the address specified in the rental contract. Unless the said property is returned to the
lessor at the address specified in the rental contract within the time specified...
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13A-8-141
makes written demand for its return, notwithstanding that the term under the rental contract
has not expired; or (2) The rental contract provides for the return of the leased property
to a particular place, at a particular time, and the lessee shall fail to return the leased
property to the place and within the time specified in the said rental contract, and the lessor
thereafter makes written demand for the return of the leased property to the place specified
in the rental contract within 48 hours from the time the written demand is delivered to the
lessee, and the lessee fails to return said property to the lessor within the said 48 hour
period; or (3) A lessee obtains or exerts control over personal property by executing
a rental contract which provides for the return of said property to a particular place, or
at a particular time, and thereafter abandons said property, secretes, converts, sells or
attempts to sell the same or any part thereof. (Acts 1986, No. 86-392, p. 576, §2.)...
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5-19-33
Section 5-19-33 Account maintenance fee. (a) In addition to other lawful charges permitted
under various state or federal laws, except under open-end credit plans, a creditor may, if
provided in the contract, charge an account maintenance fee of not more than three dollars
($3) for each month of the scheduled period of repayment of the credit transaction. The account
maintenance fee shall be determined at the date of the credit transaction and may be charged
in full at that time. The account maintenance fee as so determined shall not bear interest
and shall constitute a part of the finance charge. In the event of the renewal, refinance,
or payment in full of the credit transaction, the debtor shall be entitled to a refund or
credit of any unearned portion of the account maintenance fee under subsection (c) of Section
5-19-4, as of the date of such renewal, refinancing, or payment in full. (b) This section
shall not repeal, amend, modify, or diminish any right or power to charge and...
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7-1-203
Section 7-1-203 Lease distinguished from security interest. (a) Whether a transaction in the
form of a lease creates a lease or security interest is determined by the facts of each case.
(b) A transaction in the form of a lease creates a security interest if the consideration
that the lessee is to pay the lessor for the right to possession and use of the goods is an
obligation for the term of the lease and is not subject to termination by the lessee, and:
(1) The original term of the lease is equal to or greater than the remaining economic life
of the goods; (2) The lessee is bound to renew the lease for the remaining economic life of
the goods or is bound to become the owner of the goods; (3) The lessee has an option to renew
the lease for the remaining economic life of the goods for no additional consideration or
for nominal additional consideration upon compliance with the lease agreement; or (4) The
lessee has an option to become the owner of the goods for no additional...
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7-2A-219
Section 7-2A-219 Risk of loss. (1) Except in the case of a finance lease, risk of loss is retained
by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss
passes to the lessee. (2) Subject to the provisions of this article on the effect of default
on risk of loss (Section 7-2A-220), if risk of loss is to pass to the lessee and the time
of passage is not stated, the following rules apply: (a) If the lease contract requires or
authorizes the goods to be shipped by carrier (i) and it does not require delivery at a particular
destination, the risk of loss passes to the lessee when the goods are duly delivered to the
carrier; but (ii) if it does require delivery at a particular destination and the goods are
there duly tendered while in the possession of the carrier, the risk of loss passes to the
lessee when the goods are there duly so tendered as to enable the lessee to take delivery.
(b) If the goods are held by a bailee to be delivered without being...
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8-9A-4
Section 8-9A-4 Transfers fraudulent as to present and future creditors. (a) A transfer made
by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after
the transfer was made, if the debtor made the transfer with actual intent to hinder, delay,
or defraud any creditor of the debtor. (b) In determining actual intent under subsection (a),
consideration may be given, among other factors, to whether: (1) The transfer was to an insider;
(2) The debtor retained possession or control of the property transferred after the transfer;
(3) The transfer was disclosed or concealed; (4) Before the transfer was made the debtor had
been sued or threatened with suit; (5) The transfer was of substantially all the debtor's
assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value
of the consideration received by the debtor was reasonably equivalent to the value of the
asset transferred; (9) The debtor was insolvent or became insolvent...
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8-9A-8
Section 8-9A-8 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9A-4(a) against a person who took in good faith and for a reasonably equivalent
value or against any subsequent transferee or obligee who took in good faith. (b) Except as
otherwise provided in this section, to the extent a transfer is voidable in an action by a
creditor under Section 8-9A-7(a)(1), the creditor may recover judgment for the value of the
asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the
creditor's claim, whichever is less, or judgment for conveyance of the asset transferred.
The judgment may be entered against: (1) The first transferee of the asset or the person for
whose benefit the transfer was made; or (2) Any subsequent transferee other than a good faith
transferee who took for value or from any subsequent transferee. (c) If the judgment under
subsection (b) is based upon the value of the asset transferred, the...
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8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
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