8-32-5
Section 8-32-5 Required provisions, service contracts. (a) Service contracts sold or offered
for sale in this state, in their entirety, shall be written, printed, or typed in eight point
type size, or larger, and shall comply with the requirements set forth in this section, as
applicable. (b) Service contracts insured under a reimbursement insurance policy pursuant
to subdivision (1) of subsection (f) of Section 8-32-3 shall contain a statement in substantially
the following form: "Obligations of the provider under this service contract are guaranteed
under a service contract reimbursement insurance policy." If the provider fails to pay
or to provide service on a claim within 60 days after proof of loss has been filed, the service
contract holder is entitled to make a claim directly against the reimbursement insurance company.
The service contract shall state the name and address of the reimbursement insurance company.
(c) Service contracts not insured under a reimbursement insurance...
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10A-5A-5.03
Section 10A-5A-5.03 Charging order. (a) On application to a court of competent jurisdiction
by any judgment creditor of a member or transferee, the court may charge the transferable
interest of the judgment debtor with payment of the unsatisfied amount of the judgment with
interest. To the extent so charged and after the limited liability company has been served
with the charging order, the judgment creditor has only the right to receive any distribution
or distributions to which the judgment debtor would otherwise be entitled in respect of the
transferable interest. (b) A limited liability company, after being served with a charging
order and its terms, shall be entitled to pay or deposit any distribution or distributions
to which the judgment debtor would otherwise be entitled in respect of the charged transferable
interest into the hands of the clerk of the court so issuing the charging order, and the payment
or deposit shall discharge the limited liability company and the judgment...
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10A-8A-5.03
Section 10A-8A-5.03 Rights of creditor of partner or transferee. (a) On application to a court
of competent jurisdiction by any judgment creditor of a partner or transferee, the court may
charge the transferable interest of the judgment debtor with payment of the unsatisfied amount
of the judgment with interest. To the extent so charged and after the partnership has been
served with the charging order, the judgment creditor has only the right to receive any distribution
or distributions to which the judgment debtor would otherwise be entitled in respect of the
transferable interest. (b) The partnership, after being served with a charging order and its
terms, shall be entitled to pay or deposit any distribution or distributions to which the
judgment debtor would otherwise be entitled in respect of the charged transferable interest
into the hands of the clerk of the court so issuing the charging order, and the payment or
deposit shall discharge the partnership and the judgment debtor...
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10A-9A-4.05
Section 10A-9A-4.05 Actions by and against partnership and partners. (a) To the extent not
inconsistent with Section 10A-9A-4.04, a general partner may be joined in an action against
the limited partnership or named in a separate action. (b) A judgment against a limited partnership
is not by itself a judgment against a general partner. A judgment against a limited partnership
may not be satisfied from a general partner's assets unless there is also a judgment against
the general partner. (c) A judgment creditor of a general partner may not levy execution against
the assets of the general partner to satisfy a judgment based on a claim against the limited
partnership, unless the partner is personally liable for the claim under Section 10A-9A-4.04
and either: (1) a judgment based on the same claim has been obtained against the limited partnership
and a writ of execution on the judgment has been returned unsatisfied in whole or in part;
(2) the limited partnership is a debtor in...
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10A-9A-7.03
Section 10A-9A-7.03 Rights of creditor of partner or transferee. (a) On application to a court
of competent jurisdiction by any judgment creditor of a partner or transferee, the court may
charge the transferable interest of the judgment debtor with payment of the unsatisfied amount
of the judgment with interest. To the extent so charged and after the limited partnership
has been served with the charging order, the judgment creditor has only the right to receive
any distribution or distributions to which the judgment debtor would otherwise be entitled
in respect of the transferable interest. (b) The limited partnership, after being served with
a charging order and its terms, shall be entitled to pay or deposit any distribution or distributions
to which the judgment debtor would otherwise be entitled in respect of the charged transferable
interest into the hands of the clerk of the court so issuing the charging order, and the payment
or deposit shall discharge the limited partnership and...
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35-4-75
Section 35-4-75 Time for delivery of deed; when recorded contract presumed abandoned. (a) Where
any contract or extension thereof for the sale of any interest in land fails to state the
time within which, or the circumstances under which, a deed is to be delivered, the time for
the delivery of the deed shall be a reasonable time after the date on which the contract was
entered into, and in no case more than one year subsequent to such date. (b) Where any contract
for the sale of any interest in land or any extension of such contract has been recorded or
rerecorded and five years have elapsed since the time provided by the parties or by subsection
(a) of this section for the delivery of the deed, whichever period shall be the longer, and
no action has been brought for the specific performance of such contract or for the foreclosure
of the vendee's interest or for the enforcement of an equitable lien arising from the contract
and no lis pendens has been properly filed, a lienholder or a...
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6-10-8
Section 6-10-8 Rights of beneficiaries and assignees under life insurance policies. If a policy
of insurance, whether heretofore or hereafter issued, is effected by any person on his or
her own life or on another life in favor of a person other than himself or herself or, except
in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned
or in any way made payable to any such person, the lawful beneficiary or assignee thereof,
other than the insured or the person so effecting such insurance, or his or her executors
or administrators, shall be entitled to its proceeds and avails against the creditors and
representatives of the insured and of the person effecting the same, whether or not the right
to change the beneficiary is reserved or permitted and whether or not the policy is made payable
to the person whose life is insured if the beneficiary or assignee shall predecease such person;
provided, that subject to the statute of limitations, the amount...
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7-3-416
Section 7-3-416 Transfer warranties. (a) A person who transfers an instrument for consideration
warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee
that: (1) The warrantor is a person entitled to enforce the instrument; (2) All signatures
on the instrument are authentic and authorized; (3) The instrument has not been altered; (4)
The instrument is not subject to a defense or claim in recoupment of any party which can be
asserted against the warrantor; and (5) The warrantor has no knowledge of any insolvency proceeding
commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the
drawer. (b) A person to whom the warranties under subsection (a) are made and who took the
instrument in good faith may recover from the warrantor as damages for breach of warranty
an amount equal to the loss suffered as a result of the breach, but not more than the amount
of the instrument plus expenses and loss of interest incurred as a...
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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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7-9A-108
Section 7-9A-108 Sufficiency of description. (a) Sufficiency of description. Except as otherwise
provided in subsections (c), (d), and (e), a description of personal or real property is sufficient,
whether or not it is specific, if it reasonably identifies what is described. (b) Examples
of reasonable identification. Except as otherwise provided in subsection (d), a description
of collateral reasonably identifies the collateral if it identifies the collateral by: (1)
specific listing; (2) category; (3) except as otherwise provided in subsection (e), a type
of collateral defined in the Uniform Commercial Code; (4) quantity; (5) computational or allocational
formula or procedure; or (6) except as otherwise provided in subsection (c), any other method,
if the identity of the collateral is objectively determinable. (c) Supergeneric description
not sufficient. A description of collateral as "all the debtor's assets" or "all
the debtor's personal property" or using words of similar import...
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