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7-3-420
Section 7-3-420 Conversion of instrument. (a) An instrument is converted under circumstances
which would constitute conversion under personal property law. An instrument is also converted
if it is taken by transfer, other than a negotiation, from a person not entitled to enforce
the instrument or a bank makes or obtains payment with respect to the instrument for a person
not entitled to enforce the instrument or receive payment. An action for conversion of an
instrument may not be brought by (i) the issuer or acceptor of the instrument or (ii) a payee
or indorsee who did not receive delivery of the instrument either directly or through delivery
to an agent or a co-payee. (b) In an action under subsection (a), the measure of liability
is presumed to be the amount payable on the instrument, but recovery may not exceed the amount
of the plaintiff's interest in the instrument. (c) A representative, other than a depositary
bank, who has in good faith dealt with an instrument or its proceeds...
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7-4-111
Section 7-4-111 Statute of limitations; accrual of action. An action to enforce an obligation,
duty, or right arising under this article must be commenced within three years after the cause
of action accrues. A cause of action accrues for payment of a time deposit upon the earlier
of: (1) the date demand for payment is made to the bank, but if the time deposit has a due
date and the bank is not required to pay before that date, the cause of action accrues when
a demand for payment is in effect and the due date has passed; (2) the latter of: a. the due
date of the time deposit established in the bank's last written notice of renewal sent pursuant
to Section 5-5A-36; or b. four years after the last written communication from the bank recognizing
the bank's obligation under the time deposit; or (3) the last day of the taxable year for
which the owner of the time deposit last reported interest income earned on the time deposit
on either a federal or state tax return. As used in this...
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15-18-144
Section 15-18-144 Employment income withholding order - Assets of defendant to be withheld
or attached. (a) Any provision of any law of this state to the contrary notwithstanding and
in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any decree, judgment, or order requiring the payment
of restitution may include, upon motion of the victim, district attorney, the Attorney General,
or the court, an order requiring that any asset or other income or any portion thereof to
which a defendant is or may be entitled be withheld or attached, and such order may also require
any person in real or constructive possession, custody, or control thereof to pay over, deliver,
convey, transfer, or assign the same to the clerk of the court for disbursement, transfer,
or assignment to the victim in accordance with the defendant's restitution obligation. If
the prison authority reasonably believes that the defendant's...
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16-25-151
Section 16-25-151 Withdrawal from service; death of participant. (a) On withdrawing from service
pursuant to Section 16-25-14, a member who participated in DROP: (1) Who fulfilled his or
her contractual obligation pursuant to DROP shall receive a lump-sum payment from his or her
DROP account equal to the payments made to that account on his or her behalf plus interest.
Further, the member shall receive his or her accumulated contribution made during participation
in DROP, together with interest for the period of DROP participation as provided in subdivision
(1) of subsection (g) of Section 16-25-14. In lieu of a lump-sum payment from the DROP account,
to the extent eligible under applicable tax laws, the member's total accrued benefit may be
"rolled over" directly to the custodian of an eligible retirement plan. The member
shall also begin receiving his or her monthly benefit which had been paid directly into the
DROP account during his or her participation in DROP. However, the...
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23-7-17
Section 23-7-17 Bonds authorized. (a) Whenever it shall become necessary that monies be raised
for qualified projects, including monies to be used to refund any bonds then outstanding,
the bank may issue bonds as provided in this chapter. (b) The bank may pledge any of its revenue
or funds to the payment of its bonds, subject to any prior pledges for other outstanding bonds
or other financial assistance of the bank and, in the case of those revenues described in
subdivisions (1) and (2) of subsection (a) and subsection (b) of Section 23-7-6, pledges by
Alabama Federal Aid Highway Finance Authority and Alabama Highway Finance Corporation of the
revenues for bonds issued by those entities. Bonds may be secured by a pledge of any loan
obligation owned by the bank, any grant, contribution, or guaranty from the United States,
the state, or any corporation, association, institution, or person, any other financial assistance
provided by the bank, any bond insurance, guarantees, letters of...
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36-27-171
Section 36-27-171 Withdrawal from service; death of participant. (a) On withdrawing from service
pursuant to Section 36-27-16, a member who participated in DROP: (1) Who fulfilled his or
her contractual obligation pursuant to DROP shall receive a lump-sum payment from his or her
DROP account equal to the payments made to that account on his or her behalf plus interest.
Further, the member shall receive his or her accumulated contribution made during participation
in DROP, together with interest for the period of DROP participation as provided in subdivision
(1) of subsection (c) of Section 36-27-16. In lieu of a lump-sum payment from the DROP account,
to the extent eligible under applicable tax laws, the member's total accrued benefit may be
"rolled over" directly to the custodian of an eligible retirement plan. The member
shall also begin receiving his or her monthly benefit which had been paid directly into the
DROP account during his or her participation in DROP. However, if...
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40-10-187
Section 40-10-187 Tax lien certificate. (a) The tax collecting official shall make, execute,
and deliver a tax lien certificate to each purchaser at a tax lien sale or auction or to each
assignee thereafter and shall collect from the purchaser or assignee a fee of five dollars
($5) for each tax lien certificate. The tax lien certificate shall be in a form provided by
the Department of Revenue and shall also include a certificate of redemption form as provided
in Section 40-10-194. (b) A tax lien certificate shall evidence the auction or sale or assignment
to the holder of the tax lien certificate of the delinquent and unpaid taxes, penalties, interest,
fees, and costs set forth therein and represented by the tax lien. (c) A tax lien certificate
shall bear the interest rate per annum as bid on by the purchaser at the tax lien auction
or as agreed upon by the purchaser at the tax lien sale, until the tax lien certificate is
redeemed as provided pursuant to Section 40-10-193. (d) The tax...
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7-3-407
Section 7-3-407 Alteration. (a) "Alteration" means (i) an unauthorized change in
an instrument that purports to modify in any respect the obligation of a party, or (ii) an
unauthorized addition of words or numbers or other change to an incomplete instrument relating
to the obligation of a party. (b) Except as provided in subsection (c), an alteration fraudulently
made discharges a party whose obligation is affected by the alteration unless that party assents
or is precluded from asserting the alteration. No other alteration discharges a party, and
the instrument may be enforced according to its original terms. (c) A payor bank or drawee
paying a fraudulently altered instrument or a person taking it for value, in good faith and
without notice of the alteration, may enforce rights with respect to the instrument (i) according
to its original terms, or (ii) in the case of an incomplete instrument altered by unauthorized
completion, according to its terms as completed. (Acts 1965, No. 549,...
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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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7-4A-205
Section 7-4A-205 Erroneous payment orders. (a) If an accepted payment order was transmitted
pursuant to a security procedure for the detection of error and the payment order (i) erroneously
instructed payment to a beneficiary not intended by the sender, (ii) erroneously instructed
payment in an amount greater than the amount intended by the sender, or (iii) was an erroneously
transmitted duplicate of a payment order previously sent by the sender, the following rules
apply: (1) If the sender proves that the sender or a person acting on behalf of the sender
pursuant to Section 7-4A-206 complied with the security procedure and that the error would
have been detected if the receiving bank had also complied, the sender is not obliged to pay
the order to the extent stated in paragraphs (2) and (3). (2) If the funds transfer is completed
on the basis of an erroneous payment order described in clause (i) or (iii) of subsection
(a), the sender is not obliged to pay the order and the receiving...
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