Code of Alabama

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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-9-13.1.htm - 2K - Match Info - Similar pages

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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-48-85.27.htm - 2K - Match Info - Similar pages

45-35-83.82
Section 45-35-83.82 Noncollectible negotiable instruments; retrieval and voiding of license.
(a) In Houston 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, together with a service
charge of not more than twenty dollars ($20), 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35-83.82.htm - 2K - Match Info - Similar pages

45-34-84.81
Section 45-34-84.81 Procedures governing noncollectible negotiable instruments. (a) In Henry
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 license shall be subject to retrieval 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 of the license shall be conclusively
deemed sufficient and equivalent to notice having been received by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-34-84.81.htm - 2K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-11-201.htm - 3K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-20-83.53.htm - 2K - Match Info - Similar pages

7-3-303
Section 7-3-303 Value and consideration. (a) An instrument is issued or transferred for value
if: (1) The instrument is issued or transferred for a promise of performance, to the extent
the promise has been performed; (2) The transferee acquires a security interest or other lien
in the instrument other than a lien obtained by judicial proceeding; (3) The instrument is
issued or transferred as payment of, or as security for, an antecedent claim against any person,
whether or not the claim is due; (4) The instrument is issued or transferred in exchange for
a negotiable instrument; or (5) The instrument is issued or transferred in exchange for the
incurring of an irrevocable obligation to a third party by the person taking the instrument.
(b) "Consideration" means any consideration sufficient to support a simple contract.
The drawer or maker of an instrument has a defense if the instrument is issued without consideration.
If an instrument is issued for a promise of performance, the issuer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-303.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-103.htm - 4K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-104.htm - 3K - Match Info - Similar pages

13A-9-13.2
Section 13A-9-13.2 Negotiating worthless negotiable instrument - Notice of refusal of payment
upon instrument. For purposes of Section 13A-9-13.1: (1) Notice mailed by certified or registered
mail, evidenced by return receipt, to the address printed on the instrument or given at the
time of issuance shall be deemed sufficient and equivalent to notice having been received
by the person making, drawing, uttering, or delivering the instrument. (2) The form of notice
shall be substantially as follows: "This statutory notice is provided pursuant to Section
13A-9-13.2 of the Alabama Code. You are hereby notified that a check or instrument numbered
_____, apparently issued by you on ___ (date), drawn upon ___ (name of bank), and payable
to ___, has been dishonored. Pursuant to Alabama law, you have 10 days from receipt of this
notice to tender payment of the full amount of the check or instrument plus a service charge
of not more than (fill in appropriate amount provided by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-9-13.2.htm - 2K - Match Info - Similar pages

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