15-13-163
Section 15-13-163 Revocation by circuit judges. The presiding judge of the circuit court may,
and on verified motion of the prosecutor shall, subpoena the representatives of the professional
surety company or professional bail company or other persons for examination under oath concerning
matters relating to any affidavit or certificate filed, outstanding forfeitures, and all relevant
books, tax returns, and financial data. Authority to act as a professional surety company
or a professional bail company may be revoked or withheld by the court for violation of this
chapter, any rule promulgated by the Supreme Court of the State of Alabama, in accordance
with this chapter, for failure to submit subpoenaed documents, for failure to answer truthfully
all relevant questions asked by the court, or in the event the professional surety company
or professional bail company has outstanding and unpaid final forfeitures anywhere, or in
any court in the State of Alabama. As used herein, outstanding...
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15-13-160
Section 15-13-160 Qualifications - Professional bail companies. No professional bail company
shall execute or become surety on any appearance bond in this state, unless it has an order
granting authorization to become professional surety on any bail. The order granting authorization
shall be reissued annually prior to January 1 of each year by the presiding circuit judge
of the county in which the company desires to execute bail or appearance bonds. Prior to the
judge's issuance of the original order and no later than December 1 of each year, thereafter,
professional bail companies shall submit annually to the presiding circuit judge the following:
(1) An original corporate surety bond or escrow agreement, filed and approved by the presiding
circuit judge of the county in which the professional bail company executes or becomes surety
on appearance bonds, in the amount of $25,000, guaranteeing the payment of all sums of money
that may become due by virtue of any judgment absolute that...
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15-13-159
Section 15-13-159 Qualifications - Professional surety company. No professional surety company
shall execute or become surety on any appearance bond in this state, unless it has an order
granting authorization to become professional surety on any bail. The order granting the authorization
shall be reissued annually, prior to January 1 of each year, by the presiding circuit judge
of the county in which the company desires to execute bail or appearance bonds. Prior to the
judge's issuance of the original order and no later than December 1 of each year, thereafter,
professional surety companies shall submit annually to the presiding circuit judge the following:
(1) An original or certified copy of a certificate of authority or certificate of compliance
from the Department of Insurance reflecting that the company is qualified to write a bail
line of insurance and that the company is in good standing with the department. (2) An original
qualifying power of attorney issued by the...
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15-13-140
Section 15-13-140 Reasons for default heard at any time, and allowed without costs. Reasons
for default shall be heard by the court on application, at any time when not engaged in other
business. When a conditional judgment is set aside for sufficient cause, no cost shall be
imposed on the sureties. This provision has no application where money is deposited instead
of bail. Sureties may appear before the courts of this state or its subdivisions to answer
any "show cause order," conditional or final forfeiture to give any reasons for
default, to present any defense to the default, and for any other purpose of informing the
courts about information relating to the appearance or non-appearance of the defendant on
the bail of which they are surety. If the surety is a professional surety or professional
bail company then any agent or representative of the professional surety or bail company may
appear for the same purposes. (Acts 1993, No. 93-677, p. 1259, §41.)...
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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15-13-161
Section 15-13-161 Filing original documents - Circuit clerk. Professional surety and professional
bail companies shall file all corporate surety bonds, escrow agreements and other original
documents required pursuant to Division 10 with the circuit clerk of the county where the
professional surety or bail company desires and intends to become surety on appearance bonds,
and such bonds, escrow agreements, and other documents shall be approved by the presiding
circuit judge as being sufficient. Any surety bonds, escrow agreements, and other documents
pertaining or attached thereto shall be originals only. After the documents are approved,
the circuit clerk shall take custody of the originals and file them for safekeeping. Such
documents are public records. (Acts 1993, No. 93-677, p. 1259, §62.)...
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15-13-101
Section 15-13-101 Definitions. As used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise. (1) APPEARANCE
BOND. An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal
court, for the use of the State of Alabama or the municipality, a specified sum of money upon
the failure of a person released to comply with its conditions. (2) JUDICIAL OFFICER. Any
supreme court, appellate court, circuit court, district court, or municipal court judge or
any magistrate of any court in this state. (3) PROFESSIONAL BAIL COMPANY. A person, individual
proprietor, partnership, corporation, or other entity, other than a professional surety company,
that furnishes bail or becomes surety for a person on an appearance bond and does so for a
valuable consideration. (4) PROFESSIONAL BONDSMAN. An individual person or agent employed
by a professional surety company or professional bail company to...
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15-13-141
Section 15-13-141 Revocation of authority to execute bail by clerk. In all cases where a conditional
forfeiture has been made final by any court of the state or any of its subdivisions and there
has been no further action or request filed with the court, appeal taken, application to the
State Pardons and Paroles Board, or any other litigation of which the court has knowledge
has been filed by the surety with the court within 30 days of the entry or order of the final
judgment and the same has not been paid to the clerk of the court, then the clerk shall refuse
to accept and approve any bonds from the surety as being insufficient. The clerk shall notify
all persons authorized to accept and approve bonds returnable to the court of the action and
they shall no longer accept or approve surety on bonds until notified otherwise by the clerk.
The clerk shall also notify the circuit clerk of the county who shall notify all other clerks
of any courts in the county in writing and the clerks...
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15-13-139
Section 15-13-139 Remission after final judgment of forfeiture. In forfeiture cases where the
sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture
has been made final or absolute and there is no further litigation pending on the forfeiture,
and the surety locates the defendant and causes the return of the defendant to the custody
of the court where the bond was forfeited, and if the defendant was substantially procured
by actions of the surety, and the administration of justice has not been thwarted nor the
successful prosecution of the defendant has been affected, then the court which ordered the
forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant to
this article and within a period of six months from the date of issuance of any final forfeiture
judgment, to consider any costs to the state or its subdivisions which resulted as a cause
of the default, if any, and upon giving consideration thereto, may, in...
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