Section 35-11-372 - Release or satisfaction, Ala. Code § 35-11-372 (2024)

(a) During the period of time allowed by Section 35-11-371 for perfecting the lien, including that period of time during which the hospital is awaiting payment or denial by the patient's health care payor, and also after the lien provided for by this division has been perfected by any lienholder entitled thereto, no release or satisfaction of any action, claim, counterclaim, demand, judgment, settlement, or settlement agreement, or of any of them, shall be valid or effectual as against the lien unless the lienholder shall join therein or execute a release of the lien.
(b) Any acceptance of a release or satisfaction of any action, claim, counterclaim, demand, or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this division shall prima facie constitute an impairment of the lien, and the lienholder shall be entitled to a civil action for damages on account of the impairment, and in the action may recover from the one accepting the release or satisfaction or making the settlement the reasonable charges for the hospital care, treatment, and maintenance. Satisfaction of any judgment rendered in favor of the lienholder in any action shall operate as a satisfaction of the lien. Any action by the lienholder shall be brought in any court having jurisdiction thereof and may be brought and maintained in the county wherein the lienholder has his or her, its, or their residence or place of business. If the lienholder shall prevail in the action, the lienholder shall be entitled to recover from the defendant, costs and reasonable attorney's fees. The action shall be commenced against the person liable for the damages within one year after the date the liability shall be finally determined by a settlement release covenant not to sue or by the judgment of a court of competent jurisdiction.

Ala. Code § 35-11-372 (1975)

Amended by Act 2019-273,§ 1, eff. 8/1/2019.
Acts 1955, No. 488, p. 1098, §4.
Section 35-11-372 - Release or satisfaction, Ala. Code § 35-11-372 (2024)

FAQs

What is the Alabama Code 35 11 372? ›

Satisfaction of any judgment rendered in favor of the lienholder in any action shall operate as a satisfaction of the lien.

What is the ALA Code 35-11-370? ›

Any person, firm, hospital authority or corporation operating a hospital in this state shall have a lien for all reasonable charges for hospital care, treatment and maintenance of an injured person who entered such hospital within one week after receiving such injuries, upon any and all actions, claims, counterclaims ...

What is the hospital lien statute in Alabama? ›

The Alabama hospital lien statute is Alabama Code § 35-11-370. This statute allows hospitals to place an automatic lien on judgments or settlement funds collected by an injured person who receives medical treatment within one week of their injury.

What is a violation of release order in Alabama? ›

Revocation of release – Violation of condition of release. (a) A person who has been conditionally released pursuant to this subpart and who has violated a condition of release, shall be subject to revocation of release and, in addition, may be prosecuted for contempt of court.

What is assault 3 Code of Alabama? ›

Section 13A-6-22 - Assault in the third degree (a) A person commits the crime of assault in the third degree if: (1) With intent to cause physical injury to another person, he causes physical injury to any person; or (2) He recklessly causes physical injury to another person; or (3) With criminal negligence he causes ...

What is ALA code 35 11 211? ›

Foreclosure of any prior mortgage or other lien shall terminate and extinguish such subordinate mechanic or materialman lien or other interest as to the land and the buildings and improvements thereon, whether or not at the time of such foreclosure such lien or interest has been perfected in accordance with the ...

What is ALA code 35 9A 461? ›

§ 35–9A–461. Landlord's Action for Eviction, Rent, Monetary Damages, or Other Relief. Retaliatory Conduct.

What is ALA code 35 9A 441? ›

(c) If a tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord may also recover an amount equal to not more than three ...

How long does a lien stay on your property in Alabama? ›

In Alabama, a creditor can place a judgment lien on your real property (or your personal property or vehicle) in order to collect the judgment, and it will remain attached to your real property for 10 years, even if you sell the property.

What is a release of lien in the state of Alabama? ›

The Alabama Release of Lien Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. Alabama law requires that a lien cancellation is filed within 30 days after the lien is satisfied.

How do I get rid of a lien in Alabama? ›

Remove a Lien from Your AL Title
  1. Complete a lien release online.
  2. Gather your current vehicle title. ...
  3. Submit the above to the Motor Vehicle Division by mail at the address listed on the lien release application, or in person at your local office.

How long do you go to jail for failure to appear in Alabama? ›

This offense is a Class A misdemeanor, which could result in a jail sentence of up to one year and a fine of up to $6,000. A failure to appear warrant could cause you inconvenience and stress, and may also make it more likely that you will spend more time in jail.

How long does domestic violence stay on your record in Alabama? ›

A felony is more serious than a misdemeanor, so it should come as no surprise that a felony domestic violence conviction will also stay on your record for life.

How long can they hold you in jail for a parole violation in Alabama? ›

The court can also lock you up for up to 45 days imprisonment. This is described as a dunk. Just because the court can give the order of this doesn't mean the judge will do this. Being convicted with a new offense does not constantly mean that the convicted will have their probation revoked.

What is assault 2nd in Alabama Title 13? ›

A person commits the crime of assault in the second degree if, with intent to cause physical injury to another person, he/she causes physical injury to any person by means of a deadly weapon or dangerous instrument.

What is Alabama Criminal Code 15 10 3? ›

Section 15-10-3 - Arrest without warrant - Generally; written report; protection orders (a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances: (1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer.

Is DV 3 a felony in Alabama? ›

Domestic violence in the third degree is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 48 hours in a city or county jail or detention facility without consideration of reduction in time for any second or subsequent conviction under this subsection.

What is ALA Code 35 11 218? ›

Section 35-11-218 — Notice of lien claimed by persons other than original contractor.

What is Ala code 35 11 215? ›

Section 35-11-215 - Verified Statement - Time for Filing. Verified statement - Time for filing.

What is ALA code 35 9a 404 A? ›

Wrongful failure to make available heat, water, hot water, or essential services.

What is the Alabama Code 35 9A 161? ›

(c) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month.

What is the Alabama Code 35 9A 303? ›

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, ...

What is Ala Code 35 9A 164? ›

Section 35-9A-164 - Payment of Rent Prerequisite to Enforcing Remedies Under This Chapter. Payment of rent prerequisite to enforcing remedies under this chapter. The tenant may not withhold payment of rent to the landlord, while in possession, to enforce any of the tenant's rights under this chapter.

What is ALA code 35 9A 163? ›

Section 35-9A-163 - Prohibited provisions in rental agreements (a) A rental agreement may not provide that the tenant: (1) agrees to waive or forego rights or remedies established under Section 35-9A-204, 35-9A-401, or 35-9A-404, or requirements of security deposits established by this chapter or under the law of ...

What is ALA code 35 9A 105? ›

(a) The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages; provided, the duty of a landlord shall not take priority over the landlord's right to first rent other vacant units.

What is ALA Code 1975 35 9A 423? ›

Remedies for absence, nonuse, and abandonment.

(b) During any absence of a tenant in excess of 14 days, the landlord may enter the dwelling unit at times reasonably necessary. (c) If a tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental.

How long does a lien stay on your property in California? ›

A lien expires 10 years from the date of recording or filing, unless we extend it. If we extend the lien, we will send a new Notice of State Tax Lien and record or file it with the county recorder or California Secretary of State. We will not release expired liens.

How many times can a Judgement be renewed in California? ›

There is no limit on how many times a judgment creditor can renew the judgment. This general rule applies to any judgment against a business or government agency, or when the debtor owes $200,000 or more.

How long can a debt collector try to collect in Alabama? ›

Your creditor must file a collection lawsuit to collect your debt within six years from the time you defaulted. Otherwise, your debt will be time-barred.

What is the process called release of the lien? ›

A lien release is a document that is filed in the public land records as the official notice that the lien is removed. Once payment has been received, a contractor has a duty to remove any lien that was filed against the property.

What is a Judgement lien in Alabama? ›

A judgment lien is one way to ensure that the person who won the judgment (the creditor) gets what he or she is owed. A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property.

What is a notice of claim of lien in Alabama? ›

In Alabama, a mechanics lien is called a Statement of Lien and it may be filed by any party who has not been paid for construction work on a project. This document is used to help contractors, suppliers, and others that work in the construction industry to get paid the money they've earned on their projects in Alabama.

How do you get around a lien? ›

When a lien is bonded off, a payment bond is available to pay off the lien. This provides a guarantee for payment to the construction firm and allows the property owner to be able to sell, finance or transfer the property without fear of a lien on the title.

How do you get a lien removed from your account? ›

How to Obtain a Lien Release
  1. Satisfy the terms of the loan by paying the balance of the loan back to the lender, including any interest incurred. ...
  2. If you don't receive the lien release, submit a request to your lender for proof that the loan has been satisfied.

How long does a Judgement last in Alabama? ›

A judgment cannot be revived after 20 years. Ala. Code § 6-9-190. Judgments are valid until satisfied or discharged; however, when a period of five years lapses, the judgment holder must file a motion with the court and prove sufficient cause for failure to obtain a writ of execution.

What is Alabama Code 35 11 213? ›

Section 35-11-213 — Verified statement - Duty to file; contents; form. Section 35-11-214 — Verified statement - How oath administered out of state. Section 35-11-215 — Verified statement - Time for filing. Section 35-11-216 — Verified statement - Indorsem*nt by probate judge; recordation; fee.

What is Code of alabama section 35 9a 441? ›

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.

What is Ala Code 35-11-215? ›

Section 35-11-215 - Verified Statement - Time for Filing. Verified statement - Time for filing.

What is unlawful use of a debit card in Alabama? ›

A person commits the crime of illegal possession of a credit card or debit card if, knowing that he/she does not have the consent of the owner, he/she takes, exercises control over, or otherwise uses the card.

What is interference with 911 call in Alabama? ›

Section 13A-6-137Interference with a domestic violence emergency call. (a) A person commits the crime of interference with a domestic violence emergency call if he or she intentionally hinders, obstructs, disconnects, or in any way prevents the victim from calling for assistance.

What is Alabama Code Title 35 chapter 9A? ›

(a) A landlord may not demand or receive money as security, in an amount in excess of one month's periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises, for tenant's obligations under a rental agreement.

What is misuse of 911 in Alabama? ›

“Misuse of the 911 system” is a request for emergency response when no actual emergency exists and when the caller does not have a good faith basis to request emergency assistance. This definition includes false reporting, as that term is defined under RCW 9A.

What is the Alabama Code Title 35 property 35 9A 461? ›

(1) If the tenant should fail to make any payments determined to be properly payable as they become due under this subsection, upon motion, the court shall issue a writ of restitution or possession and the landlord shall be placed in full possession of the premises.

How long does a landlord have to fix something in Alabama? ›

(Ala. Code § 35-9A-164 (2022).) Tenants should put their requests in writing and deliver the notice to the landlord, giving the landlord 14 days to accomplish the repair (or less, if it's an emergency). If the landlord does not make the repairs, tenants can move out without responsibility for future rent.

Can you evict a tenant without a lease in Alabama? ›

In Alabama, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, the landlord must first terminate the tenancy by giving the tenant proper notice to move out (30 calendar days' for tenants that pay month-to-month).

What is ALA code 35 9A 164? ›

Section 35-9A-164 - Payment of Rent Prerequisite to Enforcing Remedies Under This Chapter. Payment of rent prerequisite to enforcing remedies under this chapter. The tenant may not withhold payment of rent to the landlord, while in possession, to enforce any of the tenant's rights under this chapter.

What is ALA Code 35 9A 303? ›

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, ...

How much trouble can you get in for using someone else's debit card? ›

If caught, the thief may face fines up to $1,000 and up to one year in the county jail. Often, thieves are ordered to pay restitution to cover the losses suffered by their victims. In some cases, thieves are charged with multiple crimes, including both misdemeanors and felonies.

Can a bank issue a debit card without my permission? ›

The bottom line

A bank cannot create a credit card account for you without your express permission. In case you get a card you did not sign up for, you should contact the issuer and ask them to close the account. Don't use the card if you don't want to be held responsible for it.

Can a company take money from your debit card without permission? ›

In most cases, money can only be taken from your bank account if you've authorised the transaction. But if you notice a payment from your account that you didn't authorise, contact your bank or provider immediately.

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