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6-5-285
Section 6-5-285 Holder of worthless check, draft, or order. The holder of a worthless check,
draft, or order for the payment of money shall have a right of action against the person who
unlawfully made, uttered, or delivered the same to him or to his endorser; and such action
may be maintained though there has been no prosecution, conviction, or acquittal of the defendant
for his unlawful act. Such action must be commenced within one year from the date of the unlawful
act. The plaintiff in such action may recover such damages, both punitive and compensatory,
including a reasonable attorney fee, as the jury or court trying the case may assess. (Acts
1959, No. 567, p. 1426.)...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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12-17-224
Section 12-17-224 Special services division; worthless check unit; guidelines for processing
worthless check complaints; fees and restitution; collection and distribution. (a) Each district
attorney may establish a special services division which shall be under the direction and
control of the district attorney, and shall be organized for the following uses and purposes:
(1) A section of the special services division of each district attorney's office may be organized
as a worthless check unit. Each district attorney who elects to establish the unit shall assign
sufficient staff and resources to effectively operate the unit. The worthless check unit of
the special services division of the district attorney's office shall be created for the purpose
of processing worthless checks. (2) Procedures: a. COMPLAINT REFERRALS. After following the
requisites of Section 13A-9-13.1, any party holding a worthless negotiable instrument may
present a "complaint" to the worthless check unit of the...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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7-4-104
Section 7-4-104 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Account" means any deposit or credit account with a bank,
including a demand, time, savings, passbook, share draft, or like account, other than an account
evidenced by a certificate of deposit; (2) "Afternoon" means the period of a day
between noon and midnight; (3) "Banking day" means the part of a day on which a
bank is open to the public for carrying on substantially all of its banking functions; (4)
"Clearing house" means an association of banks or other payors regularly clearing
items; (5) "Customer" means a person having an account with a bank or for whom a
bank has agreed to collect items, including a bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented for acceptance or payment
if specified documents, certificated securities (Section 7-8-102) or instructions for uncertificated
securities (Section 7-8-308), or...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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31-2A-123a
Section 31-2A-123a (Article 123a.) Making, drawing, or uttering check, draft, or order without
sufficient funds. (a) Any person subject to this code who, for the procurement of any article
or thing of value, with intent to defraud, or for the payment of any past due obligation,
or for any other purpose, with intent to deceive; makes, draws, utters, or delivers any check,
draft, or order for the payment of money upon any bank or other depository, knowing at the
time that the maker or drawer has not or will not have sufficient funds in, or credit with,
the bank or other depository for the payment of that check, draft, or order in full upon its
presentment, shall be punished as a court-martial may direct. (b) The making, drawing, uttering,
or delivering by a maker or drawer of a check, draft, or order, payment of which is refused
by the drawee because of insufficient funds of the maker or drawer in the drawee's possession
or control, is prima facie evidence of his or her intent to defraud...
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45-34-84.80
Section 45-34-84.80 Reimbursement for monetary loss. (a) The Henry County Commission shall
reimburse the office of the Judge of Probate of Henry County for any monetary loss, up to
a total of two thousand five hundred dollars ($2,500), per annum, arising or caused by error
if the mistake or omission was caused without the personal knowledge of the judge of probate,
including loss arising from acceptance of worthless or forged checks, drafts, negotiable instruments,
money orders, or other written orders for money or its equivalent. The reimbursement payments
shall be made from the county general fund. (b) It shall be the duty of the judge of probate
to ensure that the employees of the office exercise due care in performing their required
duties and make a diligent effort to correct the error, mistake, or omission. The judge of
probate shall make a good faith effort to collect the amount subject to potential loss immediately
upon becoming aware of the potential loss. (c) This section...
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45-11-161
Section 45-11-161 Reimbursement; duties of judge of probate and tax collector; relief from
personal liability; fee for worthless instruments. (a) The Chilton County Commission shall
reimburse the office of judge of probate and tax collector or other like official charged
with collecting taxes or licenses of Chilton County for any monetary loss, up to a total of
two thousand five hundred dollars ($2,500), per annum, arising or caused by error if the mistake
or omission was caused without the personal knowledge of the judge of probate and tax collector
or other like official charged with collecting taxes or licenses; including loss arising from
acceptance of worthless or forged checks, drafts, negotiable instruments, money orders, or
other written orders for money or its equivalent. The reimbursement payments shall be made
from the county general fund. (b) It shall be the duty of the judge of probate and tax collector
or other like official charged with collecting taxes or licenses to...
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5-18A-13
Section 5-18A-13 Duties of licensee. (a) A licensee may not knowingly enter into a deferred
presentment transaction with a customer that has outstanding deferred presentment transactions
from any lender at any location that exceeds five hundred dollars ($500) for the term of the
loan. (b) Before a licensee shall present for payment or deposit a check or debit authorization
accepted by the licensee, the check shall be endorsed with the actual name under which the
licensee is doing business. (c) Any agreement for a deferred presentment transaction shall
be in writing and signed by the checking account holder. The customer in a deferred presentment
contract shall have the right to redeem the check or debit authorization from the licensee
before the agreed date of deposit upon payment to the licensee of the amount of the contract.
A licensee shall not defer presentment of any personal check or debit authorization for less
than 10 days nor more than 31 calendar days after the date of the...
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