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40-18-105
Section 40-18-105 Finalization and notice of setoff. (a) Upon final determination of the amount
of the debt due and owing by means of a hearing provided by Section 40-18-104 or by the taxpayer's
default through failure to comply with Section 40-18-103 mandating timely request for review,
the claimant agency shall remove the amount of the debt due and owing from the escrow account
established pursuant to Section 40-18-103 and credit such amount to the debtor's obligation.
(b) Upon transfer of the debt due and owing from the escrow account to the credit of the debtor's
account, the claimant agency shall notify the debtor in writing of the finalization of the
setoff. Such notice shall include a final accounting of the refund which was set off including
the amount of the refund to which the debtor was entitled prior to the setoff, the amount
of the debt due and owing, the amount of the refund in excess of the debt which was returned
to the debtor by the department pursuant to subsection...
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40-18-103
Section 40-18-103 Procedure for setoff and notification of taxpayer. (a) A county or municipality
may submit a debt of at least $25 owed to it for collection under this chapter. Provided,
however, that a county or municipality must submit the debt to the department through one
of the following: (1) The Association of County Commissions of Alabama or an entity established
through the Association of County Commissions of Alabama. (2) The Alabama League of Municipalities
or an entity established through the Alabama League of Municipalities. The organization which
submits a debt on behalf of any county or municipality may assess a reasonable fee, which
shall be twenty-five dollars ($25) for submitting the debt. This fee may be assessed against
the debtor and collected as the first amount set off against any tax refund. (b) Within a
time frame specified by the department, a claimant agency seeking to collect a debt through
setoff shall supply the information necessary to identify each...
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40-18-100
Section 40-18-100 Definitions. For the purposes of this article, the following terms shall
have the following meanings: (1) CLAIMANT AGENCY. Any of the following: a. The Alabama Commission
on Higher Education with respect to the collection of debts under either of the following:
1. The Alabama Student Grant Program provided for by Chapter 33A of Title 16. 2. The Alabama
Guaranteed Student Loan Program provided for by Chapter 33B of Title 16. b. The Alabama Department
of Human Resources with respect to the collection of debts and money owed under any and all
of its public assistance programs and other programs administered by that department, including
support programs administered pursuant to the requirements of Title IV-D of the Social Security
Act. c. The Alabama Medicaid Agency with respect to the collection of debts and money owed
under any and all of the programs it administers. d. The Alabama Department of Labor with
respect to the collection or recovery, or both, of debts owed...
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8-35-2
Section 8-35-2 Security freeze on credit report. (a) A consumer may place a security freeze
on the consumer's credit report by making a request in writing by certified mail to a consumer
credit reporting agency. No later than August 31, 2012, a consumer credit reporting agency
shall make available to consumers an Internet based method of requesting a security freeze
and a toll-free telephone number for consumers to use to place a security freeze, temporarily
lift a security freeze, or completely remove a security freeze. A security freeze shall prohibit,
subject to exceptions in subsection (m), the consumer credit reporting agency from releasing
the consumer's credit report or credit score without the prior express authorization of the
consumer as provided in subsection (d) or (e). Nothing in this subsection shall prevent a
consumer credit reporting agency from advising a third party that a security freeze is in
effect with respect to the consumer's credit report. (b) A consumer credit...
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5-20-3
Section 5-20-3 Definitions. Notwithstanding any other provision of law, for the purposes of
this chapter, the following terms shall have the meanings prescribed by this section: (1)
ALABAMA BANK. A bank which is organized under the laws of this state or of the United States
and which has its principal place of business in this state. (2) BANK. Any "insured bank"
as such term is defined in Section 3(h) of the Federal Deposit Insurance Act, 12 U.S.C. §1813(h).
(3) BANK HOLDING COMPANY. Any company which is a bank holding company under the Bank Holding
Company Act of 1956, as amended, 12 U.S.C. §1841(a). (4) CREDIT CARD. Any type of arrangement
or agreement pursuant to which any domestic lender or credit card bank, whether directly or
indirectly through any domestic lender acting as its agent, gives a debtor the privilege of
using a credit card or other credit confirmation, device or instrument of any type in transactions
out of which debt arises: a. By the domestic lender or credit...
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35-12-71
Section 35-12-71 Definitions. As used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) APPARENT OWNER. A person whose name appears on the records of a holder as the person entitled
to property held, issued, or owing by the holder. (2) BUSINESS ASSOCIATION. A corporation,
joint stock company, investment company, partnership, unincorporated association, joint venture,
limited liability company, business trust, trust company, safe deposit company, financial
organization, insurance company, mutual fund, utility, or other business entity consisting
of one or more persons, whether or not for profit. (3) DOMICILE. The state of incorporation
of a corporation and the state of the principal place of business of a holder other than a
corporation. (4) FINANCIAL ORGANIZATION. A savings and loan association, building and loan
association, industrial loan organization, credit union, cooperative bank,...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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40-18-104
Section 40-18-104 Hearing procedure. (a) When the claimant agency receives a protest or application
in writing from a taxpayer within 30 days of the notice issued by the department pursuant
to subsection (c) of Section 40-18-103, the claimant agency shall set a date to hear the protest
and give notice to the taxpayer by registered or certified mail of the date so set. The time
and place of such hearing shall be designated in such notice and the date set shall not be
less than 15 days from the date of such notice. If, at hearing, the sum asserted as due and
owing is found not to be correct, an adjustment to the claim may be made. The claimant agency
shall give notice to the debtor of its final determination and inform the debtor of his right
to appeal such final determination as provided in subsection (c) of this section. (b) No issues
shall be reconsidered at the hearing which have been previously litigated. (c) If any debtor
is dissatisfied with the final determination made at the...
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30-3-191
Section 30-3-191 Definitions. When used in Sections 30-3-191 to 30-3-199, inclusive, the following
words shall have the following meanings: (1) ACCOUNT. A demand deposit account, checking or
negotiable withdrawal order account, savings account, time deposit account, or money-market
mutual fund account. (2) BUSINESS DAY. A day on which state offices are open for regular business.
(3) COMMERCIAL DRIVER LICENSE. A license issued to an individual that authorizes the individual
to drive a motor vehicle as part of conducting business. (4) CONFIDENTIAL INFORMATION. Information
provided by a service applicant or recipient or obtained from other sources about him or her
which may be released only as required by court order or state or federal law. (5) COURT.
A court of competent jurisdiction or administrative agency having the authority to issue and
enforce support orders. (6) DATA MATCH. An automated process of matching specified information
from the financial records of financial institutions...
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