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7-4A-503
Section 7-4A-503 Injunction or restraining order with respect to funds transfer. For proper
cause and in compliance with applicable law, a court may restrain (i) a person from issuing
a payment order to initiate a funds transfer, (ii) an originator's bank from executing the
payment order of the originator, or (iii) the beneficiary's bank from releasing funds to the
beneficiary or the beneficiary from withdrawing the funds. A court may not otherwise restrain
a person from issuing a payment order, paying or receiving payment of a payment order, or
otherwise acting with respect to a funds transfer. (Acts 1992, 2nd Ex. Sess., No. 92-701,
p. 145, §1.)...
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7-4A-105
Section 7-4A-105 Other definitions. (a) In this article: (1) "Authorized account"
means a deposit account of a customer in a bank designated by the customer as a source of
payment of payment orders issued by the customer to the bank. If a customer does not so designate
an account, any account of the customer is an authorized account if payment of a payment order
from that account is not inconsistent with a restriction on the use of that account. (2) "Bank"
means a person engaged in the business of banking and includes a savings bank, savings and
loan association, credit union, and trust company. A branch or separate office of a bank is
a separate bank for purposes of this article. (3) "Customer" means a person, including
a bank, having an account with a bank, or from whom a bank has agreed to receive payment orders.
(4) "Funds-transfer business day" of a receiving bank means the part of a day during
which the receiving bank is open for the receipt, processing, and transmittal of...
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16-25-23
Section 16-25-23 Exemptions from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension; an annuity, or a retirement allowance; to the return
of contributions; the pension, annuity or retirement allowance itself; any optional benefit
or any other right accrued or accruing to any person under the provisions of this chapter;
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever, and shall be unassignable except as in this chapter specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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36-27-28
Section 36-27-28 Exemption from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension, an annuity, a retirement allowance or to the return
of contributions, the pension, annuity or retirement allowance itself and any optional benefit
or any other right accrued or accruing to any person under the provisions of this article
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever and shall be unassignable except as in this article specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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6-11-51
Section 6-11-51 Definitions. As used in this article the following words and terms shall have
the following meanings: (1) ANNUITY ISSUER. An insurer that has issued a contract to fund
periodic payments under a structured settlement. (2) DEPENDENTS. A payee's spouse and minor
children and all other persons for whom the payee is legally obligated to provide support,
including alimony. (3) DISCOUNTED PRESENT VALUE. The present value of future payments determined
by discounting the payments to the present using the most recently published applicable federal
rate for determining the present value of an annuity, as issued by the United States Internal
Revenue Service. (4) GROSS ADVANCE AMOUNT. The sum payable to the payee or for the payee's
account as consideration for a transfer of structured settlement payment rights before any
reductions for transfer expenses or other deductions to be made from the consideration. (5)
INDEPENDENT PROFESSIONAL ADVICE. Advice of an attorney, certified public...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-51.htm - 5K - Match Info - Similar pages
7-4A-303
Section 7-4A-303 Erroneous execution of payment order. (a) A receiving bank that (i) executes
the payment order of the sender by issuing a payment order in an amount greater than the amount
of the sender's order, or (ii) issues a payment order in execution of the sender's order and
then issues a duplicate order, is entitled to payment of the amount of the sender's order
under Section 7-4A-402(c) if that subsection is otherwise satisfied. The bank is entitled
to recover from the beneficiary of the erroneous order the excess payment received to the
extent allowed by the law governing mistake and restitution. (b) A receiving bank that executes
the payment order of the sender by issuing a payment order in an amount less than the amount
of the sender's order is entitled to payment of the amount of the sender's order under Section
7-4A-402(c) if (i) that subsection is otherwise satisfied and (ii) the bank corrects its mistake
by issuing an additional payment order for the benefit of the...
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7-4A-502
Section 7-4A-502 Creditor process served on receiving bank; setoff by beneficiary's bank. (a)
As used in this section, "creditor process" means levy, attachment, garnishment,
notice of lien, sequestration, or similar process issued by, or on behalf of a creditor or
other claimant with respect to an account. (b) This subsection applies to creditor process
with respect to an authorized account of the sender of a payment order if the creditor process
is served on the receiving bank. For the purpose of determining rights with respect to the
creditor process, if the receiving bank accepts the payment order the balance in the authorized
account is deemed to be reduced by the amount of the payment order to the extent the bank
did not otherwise receive payment of the order, unless the creditor process is served at a
time and in a manner affording the bank a reasonable opportunity to act on it before the bank
accepts the payment order. (c) If a beneficiary's bank has received a payment order...
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7-4A-212
Section 7-4A-212 Liability and duty of receiving bank regarding unaccepted payment order. If
a receiving bank fails to accept a payment order that it is obliged by express agreement to
accept, the bank is liable for breach of the agreement to the extent provided in the agreement
or in this article, but does not otherwise have any duty to accept a payment order, or before
acceptance, to take any action, or refrain from taking action, with respect to the order except
as provided in this article or by express agreement. Liability based on acceptance arises
only when acceptance occurs as stated in Section 7-4A-209, and liability is limited to that
provided in this article. A receiving bank is not the agent of the sender or beneficiary of
the payment order it accepts, or of any other party to the funds transfer, and the bank owes
no duty to any party to the funds transfer except as provided in this article or by express
agreement. (Acts 1992, 2nd Ex. Sess., No. 92-701, p. 145, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4A-212.htm - 1K - Match Info - Similar pages
7-4A-211
Section 7-4A-211 Cancellation and amendment of payment order. (a) A communication of the sender
of a payment order cancelling or amending the order may be transmitted to the receiving bank
orally, electronically, or in writing. If a security procedure is in effect between the sender
and the receiving bank, the communication is not effective to cancel or amend the order unless
the communication is verified pursuant to the security procedure or the bank agrees to the
cancellation or amendment. (b) Subject to subsection (a), a communication by the sender cancelling
or amending a payment order is effective to cancel or amend the order if notice of the communication
is received at a time and in a manner affording the receiving bank a reasonable opportunity
to act on the communication before the bank accepts the payment order. (c) After a payment
order has been accepted, cancellation or amendment of the order is not effective unless the
receiving bank agrees or a funds-transfer system rule...
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7-4A-103
Section 7-4A-103 Payment order - Definitions. (a) In this article: (1) "Payment order"
means an instruction of a sender to a receiving bank, transmitted orally, electronically,
or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of
money to a beneficiary if: (i) the instruction does not state a condition to payment to the
beneficiary other than time of payment, (ii) the receiving bank is to be reimbursed by debiting
an account of, or otherwise receiving payment from, the sender, and (iii) the instruction
is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer
system, or communication system for transmittal to the receiving bank. (2) "Beneficiary"
means the person to be paid by the beneficiary's bank. (3) "Beneficiary's bank"
means the bank identified in a payment order in which an account of the beneficiary is to
be credited pursuant to the order or which otherwise is to make payment to the beneficiary
if the order...
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