7-3-504
Section 7-3-504 Excused presentment and notice of dishonor. (a) Presentment for payment or
acceptance of an instrument is excused if (i) the person entitled to present the instrument
cannot with reasonable diligence make presentment, (ii) the maker or acceptor has repudiated
an obligation to pay the instrument or is dead or in insolvency proceedings, (iii) by the
terms of the instrument presentment is not necessary to enforce the obligation of indorsers
or the drawer, (iv) the drawer or indorser whose obligation is being enforced has waived presentment
or otherwise has no reason to expect or right to require that the instrument be paid or accepted,
or (v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not
obligated to the drawer to pay the draft. (b) Notice of dishonor is excused if (i) by the
terms of the instrument notice of dishonor is not necessary to enforce the obligation of a
party to pay the instrument, or (ii) the party whose obligation is...
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7-3-503
Section 7-3-503 Notice of dishonor. (a) The obligation of an indorser stated in Section 7-3-415(a)
and the obligation of a drawer stated in Section 7-3-414(d) may not be enforced unless (i)
the indorser or drawer is given notice of dishonor of the instrument complying with this section
or (ii) notice of dishonor is excused under Section 7-3-504(b). (b) Notice of dishonor may
be given by any person; may be given by any commercially reasonable means, including an oral,
written, or electronic communication; and is sufficient if it reasonably identifies the instrument
and indicates that the instrument has been dishonored or has not been paid or accepted. Return
of an instrument given to a bank for collection is sufficient notice of dishonor. (c) Subject
to Section 7-3-504(c), with respect to an instrument taken for collection by a collecting
bank, notice of dishonor must be given (i) by the bank before midnight of the next banking
day following the banking day on which the bank receives...
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7-3-419
Section 7-3-419 Instruments signed for accommodation. (a) If an instrument is issued for value
given for the benefit of a party to the instrument ("accommodated party") and another
party to the instrument ("accommodation party") signs the instrument for the purpose
of incurring liability on the instrument without being a direct beneficiary of the value given
for the instrument, the instrument is signed by the accommodation party "for accommodation."
(b) An accommodation party may sign the instrument as maker, drawer, acceptor, or indorser
and, subject to subsection (d), is obliged to pay the instrument in the capacity in which
the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding
any statute of frauds and whether or not the accommodation party receives consideration for
the accommodation. (c) A person signing an instrument is presumed to be an accommodation party
and there is notice that the instrument is signed for accommodation if the...
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10A-8A-4.04
Section 10A-8A-4.04 Liability for contribution. (a) A partner's obligation to make a contribution
to a partnership is not excused by the partner's death, disability, or other inability to
perform personally. (b) If a partner does not make a contribution required by an enforceable
promise, the partner or the partner's estate is obligated, at the election of the partnership,
to contribute money equal to the value of the portion of the contribution that has not been
made. The foregoing election shall be in addition to, and not in lieu of, any other rights,
including the right to specific performance, that the partnership may have under the partnership
agreement or applicable law. (c) The obligation of a partner to make a contribution to a partnership
may be compromised only by consent of all partners. A conditional obligation of a partner
to make a contribution to a partnership may not be enforced unless the conditions of the obligation
have been satisfied or waived as to or by that...
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10A-9A-5.02
Section 10A-9A-5.02 Liability for contribution. (a) A partner's obligation to make a contribution
to a limited partnership is not excused by the partner's death, disability, or other inability
to perform personally. (b) If a partner does not make a contribution required by an enforceable
promise, the partner or the partner's estate is obligated, at the election of the limited
partnership, to contribute money equal to the value of the portion of the contribution that
has not been made. The foregoing election shall be in addition to, and not in lieu of, any
other rights, including the right to specific performance, that the limited partnership may
have under the partnership agreement or applicable law. (c) The obligation of a partner to
make a contribution to a limited partnership may be compromised only by consent of all partners.
A conditional obligation of a partner to make a contribution to a limited partnership may
not be enforced unless the conditions of the obligation have been...
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7-3-415
Section 7-3-415 Obligation of indorser. (a) Subject to subsections (b), (c), and (d) and to
Section 7-3-419(d), if an instrument is dishonored, an indorser is obliged to pay the amount
due on the instrument (i) according to the terms of the instrument at the time it was indorsed,
or (ii) if the indorser indorsed an incomplete instrument, according to its terms when completed,
to the extent stated in Sections 7-3-115 and 7-3-407. The obligation of the indorser is owed
to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument
under this section. (b) If an indorsement states that it is made "without recourse"
or otherwise disclaims liability of the indorser, the indorser is not liable under subsection
(a) to pay the instrument. (c) If notice of dishonor of an instrument is required by Section
7-3-503 and notice of dishonor complying with that section is not given to an indorser, the
liability of the indorser under subsection (a) is discharged. (d)...
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13A-9-13.1
Section 13A-9-13.1 Negotiating worthless negotiable instrument - Generally. (a) A person commits
the crime of negotiating a worthless negotiable instrument if the person negotiates or delivers
a negotiable instrument for a thing of value and with the intent, knowledge, or expectation
that it will not be honored by the drawee. (b) For the purposes of this section, it is prima
facie evidence that the maker or drawer intended, knew, or expected that the instrument would
not be honored in any of the following instances: (1) The maker or drawer had no account with
the drawee at the time the negotiable instrument was negotiated or delivered, as determined
according to Section 7-3-503(2). (2) Payment was refused by the drawee for lack of funds,
upon presentation within 30 days after delivery, and the maker or drawer shall not have paid
the holder thereof the amount due thereon, together with a service charge of not more than
(fill in appropriate amount as provided by law), within 10 days...
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45-48-85.27
Section 45-48-85.27 Procedures governing noncollectible negotiable instruments. (a) In Marshall
County, when a negotiable instrument, such as a check or draft, given for a motor vehicle
license is found to be noncollectible for any reason, the judge of probate, or his or her
designee, shall notify the maker or drawer of the negotiable instrument, in writing, that
payment of the negotiable instrument was refused by the drawee and that if the maker or drawer
does not pay the holder thereof the amount due thereon, within 10 days of the mailing of the
notice to the maker or drawer, then the motor vehicle license shall be subject to being retrieved
or voided by the judge of probate without further notice. Written notice by regular mail to
the address printed on the instrument or given by the maker or drawer at the time of issuance
shall be conclusively deemed sufficient and equivalent to notice having been received by the
person making, drawing, uttering, or delivering the instrument. (b)...
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45-11-201
Section 45-11-201 Notice of refusal; retrieval and voiding of license; records. (a) In Chilton
County, when a negotiable instrument, such as a check or draft, given for a motor vehicle
license, boat license, driver's license, privilege license, or conservation license is found
to be noncollectible for any reason, the judge of probate or the tax collector, or other like
official, or their designee, shall notify the maker or drawer of the negotiable instrument
in writing that payment of the negotiable instrument was refused by the drawee and that if
the maker or drawer does not pay the holder thereof the amount due thereon within 10 days
of the mailing of the notice to the maker or drawer, then the license shall be subject to
retrieval or voided by the judge of probate or tax collector, or other like official, without
further notice. Written notice by regular mail to the address printed on the instrument or
given by the maker or drawer at the time of issuance of the license shall be...
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45-20-83.53
Section 45-20-83.53 Notice of refusal; retrieval and voiding of license; records. (a) In Covington
County, when a negotiable instrument, such as a check or draft, given for a motor vehicle
license, boat license, driver's license, privilege license, or conservation license is found
to be noncollectible for any reason, the judge of probate, or his or her designee, shall notify
the maker or drawer of the negotiable instrument, in writing, that payment of the negotiable
instrument was refused by the drawee and that if the maker or drawer does not pay the holder
thereof the amount due thereon, within 10 days of the mailing of the notice to the maker or
drawer, then the motor vehicle license shall be subject to being retrieved or voided by the
judge of probate without further notice. Written notice by regular mail to the address printed
on the instrument or given by the maker or drawer at the time of issuance shall be conclusively
deemed sufficient and equivalent to notice having been...
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