Code of Alabama

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7-3-312
Section 7-3-312 Lost, destroyed, or stolen cashier's check, teller's check, or certified check.
(a) In this section: (1) "Check" means a cashier's check, teller's check, or certified
check. (2) "Claimant" means a person who claims the right to receive the amount
of a cashier's check, teller's check, or certified check that was lost, destroyed, or stolen.
(3) "Declaration of loss" means a written statement, made under penalty of perjury,
to the effect that (i) the declarer lost possession of a check, (ii) the declarer is the drawer
or payee of the check, in the case of a certified check, or the remitter or payee of the check,
in the case of a cashier's check or teller's check, (iii) the loss of possession was not the
result of a transfer by the declarer or a lawful seizure, and (iv) the declarer cannot reasonably
obtain possession of the check because the check was destroyed, its whereabouts cannot be
determined, or it is in the wrongful possession of an unknown person or a person that...
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7-3-411
Section 7-3-411 Refusal to pay cashier's checks, teller's checks, and certified checks. (a)
In this section, "obligated bank" means the acceptor of a certified check or the
issuer of a cashier's check or teller's check bought from the issuer. (b) If the obligated
bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment
of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting
the right to enforce the check is entitled to compensation for expenses and loss of interest
resulting from the nonpayment and may recover consequential damages if the obligated bank
refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection (b) are not recoverable if the refusal
of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the obligated
bank asserts a claim or defense of the bank that it has reasonable grounds to...
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7-3-310
Section 7-3-310 Effect of instrument on obligation for which taken. (a) Unless otherwise agreed,
if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation
is discharged to the same extent discharge would result if an amount of money equal to the
amount of the instrument were taken in payment of the obligation. Discharge of the obligation
does not affect any liability that the obligor may have as an indorser of the instrument.
(b) Unless otherwise agreed and except as provided in subsection (a), if a note or an uncertified
check is taken for an obligation, the obligation is suspended to the same extent the obligation
would be discharged if an amount of money equal to the amount of the instrument were taken,
and the following rules apply: (1) In the case of an uncertified check, suspension of the
obligation continues until dishonor of the check or until it is paid or certified. Payment
or certification of the check results in discharge of the...
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7-3-602
Section 7-3-602 Payment. (a) Subject to subsection (b), an instrument is paid to the extent
payment is made (i) by or on behalf of a party obliged to pay the instrument, and (ii) to
a person entitled to enforce the instrument. To the extent of the payment, the obligation
of the party obliged to pay the instrument is discharged even though payment is made with
knowledge of a claim to the instrument under Section 7-3-306 by another person. (b) The obligation
of a party to pay the instrument is not discharged under subsection (a) if: (1) A claim to
the instrument under Section 7-3-306 is enforceable against the party receiving payment and
(i) payment is made with knowledge by the payor that payment is prohibited by injunction or
similar process of a court of competent jurisdiction, or (ii) in the case of an instrument
other than a cashier's check, teller's check, or certified check, the party making payment
accepted, from the person having a claim to the instrument, indemnity against loss...
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7-3-103
Section 7-3-103 Definitions. (a) In this article: (1) "Acceptor" means a drawee who
has accepted a draft. (2) "Drawee" means a person ordered in a draft to make payment.
(3) "Drawer" means a person who signs or is identified in a draft as a person ordering
payment. (4) "Good faith" means honesty in fact in the conduct or transaction concerned.
(5) "Maker" means a person who signs or is identified in a note as a person undertaking
to pay. (6) "Order" means a written instruction to pay money signed by the person
giving the instruction. The instruction may be addressed to any person, including the person
giving the instruction, or to one or more persons jointly or in the alternative but not in
succession. An authorization to pay is not an order unless the person authorized to pay is
also instructed to pay. (7) "Ordinary care" in the case of a person engaged in business
means observance of reasonable commercial standards, prevailing in the area in which the person
is located, with respect...
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7-4-104
Section 7-4-104 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Account" means any deposit or credit account with a bank,
including a demand, time, savings, passbook, share draft, or like account, other than an account
evidenced by a certificate of deposit; (2) "Afternoon" means the period of a day
between noon and midnight; (3) "Banking day" means the part of a day on which a
bank is open to the public for carrying on substantially all of its banking functions; (4)
"Clearing house" means an association of banks or other payors regularly clearing
items; (5) "Customer" means a person having an account with a bank or for whom a
bank has agreed to collect items, including a bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented for acceptance or payment
if specified documents, certificated securities (Section 7-8-102) or instructions for uncertificated
securities (Section 7-8-308), or...
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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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7-4-213
Section 7-4-213 Medium and time of settlement by bank. (a) With respect to settlement by a
bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or
circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription:
(1) The medium of settlement is cash or credit to an account in a Federal Reserve bank of
or specified by the person to receive settlement; and (2) The time of settlement, is: (i)
With respect to tender of settlement by cash, a cashier's check, or teller's check, when the
cash or check is sent or delivered; (ii) With respect to tender of settlement by credit in
an account in a Federal Reserve bank, when the credit is made; (iii) With respect to tender
of settlement by a credit or debit to an account in a bank, when the credit or debit is made
or, in the case of tender of settlement by authority to charge an account, when the authority
is sent or delivered; or (iv) With respect to tender of settlement by a...
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7-3-104
Section 7-3-104 Negotiable instrument. (a) Except as provided in subsections (c) and (d), "negotiable
instrument" means an unconditional promise or order to pay a fixed amount of money, with
or without interest or other charges described in the promise or order, if it: (1) Is payable
to bearer or to order at the time it is issued or first comes into possession of a holder;
(2) Is payable on demand or at a definite time; and (3) Does not state any other undertaking
or instruction by the person promising or ordering payment to do any act in addition to the
payment of money, but the promise or order may contain (i) an undertaking or power to give,
maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder
to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit
of any law intended for the advantage or protection of an obligor. (b) "Instrument"
means a negotiable instrument. (c) An order that meets all of the...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...

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