reglab/housing_qa huggingface dataset:
AL Code § 5-19-30 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19 - Consumer Finance.|Section 5-19-30 - Penalty for Violations.

Section 5-19-30Penalty for violations. A creditor who willfully makes charges in excess of those permitted by Section 5-19-3 or a creditor who willfully engages in the business of making loans in violation of subsection (a) of Section 5-19-22, or both, is guilty of a misdemeanor and, upon conviction, shall be sentenced to pay a fine not exceeding five hundred dollars ($500) or to imprisonment not exceeding one year, or both. (Acts 1971, No. 2052, p. 3290, §24; Acts 1982, No. 82-521, p. 869, §1; Acts 1996, No. 96-576, p. 887, §2.)
AL Code § 5-19-31 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19 - Consumer Finance.|Section 5-19-31 - Nonapplicability of Chapter to Certain Transactions; Certain Laws Not Repealed or Amended.

Section 5-19-31Nonapplicability of chapter to certain transactions; certain laws not repealed or amended. (a) The provisions of this chapter, except the provisions of subdivision (1) of Section 5-19-1 and Section 5-19-3, shall not apply (i) to any consumer credit transaction or other transaction involving an interest in real property or the sale, lease, or mortgage of an interest in real property where the creditor is exempt from licensing under this chapter, (ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction is by a trust institution as defined in Section 5-12A-1(1), in its capacity as a fiduciary under any plan or agreement qualified under 26 U.S.C. 401(a) or defined by 5 U.S.C. 8437, 26 U.S.C. 403(b), or 26 U.S.C. 457, or a trust exempt under 26 U.S.C. 501, or (iv) to any municipal pension system created under the laws of the State of Alabama. The provisions of this chapter shall not apply where the credit transaction is a policy loan made by a life insurance company licensed by this state or any other state. (b) This chapter shall not be construed to amend or repeal, without limitation, Sections 5-18-1 through 5-18-24, inclusive, Section 8-8-6, Section 8-8-4, Section 8-8-5, Sections 8-8-1.1, 8-8-14, 8-8-15, or Sections 5-20-2 through 5-20-10, inclusive. (c) This chapter shall not apply to any lawful, bona fide pawnbroking business. (d) This chapter shall not apply to any insurance agent or agency licensed in Alabama that elects to charge a collection fee on unpaid balances for insurance premiums under Section 27-12-17. An election shall be made by stating such on the premium finance contract. (Acts 1971, No. 2052, p. 3290, §25; Acts 1989, No. 89-541, p. 1132, §1; Acts 1994, No. 94-118, p. 146, §1; Acts 1996, No. 96-576, p. 887, §2; Act 2002-307, p. 873, §1; Act 2009-625, p. 1900, §1.)
AL Code § 5-19-32 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19 - Consumer Finance.|Section 5-19-32 - Service Contracts.

Section 5-19-32Service contracts. Any creditor who extends credit with respect to a consumer credit sale, may sell or finance, or both, a service contract covering tangible goods which are the subject of the consumer credit sale. Any other person who was not the creditor with regard to the initial sale of the tangible goods also may sell or finance, or both, a service contract covering the tangible goods. A "service contract" as used in this section is an agreement, for a separately stated consideration, of the service contract offeror to correct, repair, or replace, or to pay for the correction, repair, maintenance, or replacement of tangible goods during the period covered by the service contract, with or without additional provisions for payment of or indemnity under limited circumstances for related expenses including, without limitation, for towing, rental, and emergency road service, whether called a service contract, extended warranty or otherwise. The service contract offeror need not be the seller or creditor. The service contract may be offered, sold, and financed at the time of the credit sale or at any time thereafter, including, without limitation, at or about the time of the expiration of any original warranty or the expiration of the period covered by the service contract. The service contract may, but is not required to, be renewable from time to time as set forth in the service contract. A service contract does not constitute insurance for any purpose, other than for the purpose of a service contract holder's claim against a service contract provider for failure to comply with the provisions of the service contract if so provided by other law. (Acts 1996, No. 96-576, p. 887, §3.)
AL Code § 5-19-33 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19 - Consumer Finance.|Section 5-19-33 - Account Maintenance Fee.

Section 5-19-33Account maintenance fee. (a) In addition to other lawful charges permitted under various state or federal laws, except under open-end credit plans, a creditor may, if provided in the contract, charge an account maintenance fee of not more than three dollars ($3) for each month of the scheduled period of repayment of the credit transaction. The account maintenance fee shall be determined at the date of the credit transaction and may be charged in full at that time. The account maintenance fee as so determined shall not bear interest and shall constitute a part of the finance charge. In the event of the renewal, refinance, or payment in full of the credit transaction, the debtor shall be entitled to a refund or credit of any unearned portion of the account maintenance fee under subsection (c) of Section 5-19-4, as of the date of such renewal, refinancing, or payment in full. (b) This section shall not repeal, amend, modify, or diminish any right or power to charge and collect charges, fees, interest, or an interest surcharge existing under any other applicable state or federal statute, nor repeal, amend, or modify Public Law 96-221, enacted by the United States Congress and approved March 31, 1980, nor Section 5-2A-24. (Act 2006-238, §§1, 2.)
AL Code § 5-19A-1 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-1 - Short Title.

Section 5-19A-1Short title. This chapter shall be known and may be cited as the "Alabama Pawnshop Act." (Acts 1992, No. 92-597, p. 1227, §1.)
AL Code § 5-19A-2 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-2 - Definitions.

Section 5-19A-2Definitions. The following words and phrases shall have the following meanings: (1) APPROPRIATE LAW ENFORCEMENT AGENCY. The sheriff of each county in which the pawnbroker maintains an office, or the police chief of the municipality in which the pawnbroker maintains an office. (2) ATTORNEY GENERAL. The Attorney General of the State of Alabama. (3) PAWN TRANSACTION. Any loan on the security of pledged goods or any purchase of pledged goods on condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. A "pawn transaction" does not include the pledge to, or the purchase by, a pawnbroker of real or personal property from a customer followed by the sale or the leasing of that property back to the customer in the same or a related transaction. (4) PAWNBROKER. Any person engaged in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Notwithstanding the foregoing, the following are exempt from the definition of the term "pawnbroker" and from this chapter: any bank which is regulated by the State Banking Department of Alabama; the Comptroller of the Currency of the United States; the Federal Deposit Insurance Corporation; the Board of Governors of the Federal Reserve System or any other federal or state authority; and all affiliates thereof and any bank or savings and loan association whose deposits or accounts are eligible for insurance by the Bank Insurance Fund or the Savings Association Insurance Fund or other fund administered by the Federal Deposit Insurance Corporation all affiliates thereof, any state or federally chartered credit union, and any finance company subject to licensing and regulation by the State Banking Department pursuant to Sections 5-19-1 to 5-19-19, inclusive. (5) PERSON. An individual, partnership, corporation, joint venture, trust, association, or any legal entity. (6) PLEDGED GOODS. Tangible personal property other than choses in action, securities, or printed evidences of indebtedness, which property is purchased by, deposited with, or otherwise actually delivered into the possession of, a pawnbroker in connection with a pawn transaction. (7) SUPERVISOR. The Supervisor of the Bureau of Loans of the State Banking Department. (Acts 1992, No. 92-597, p. 1227, §2.)
AL Code § 5-19A-3 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-3 - Pawnbroker to Enter on Pawn Ticket Record of Information.

Section 5-19A-3Pawnbroker to enter on pawn ticket record of information. At the time of making the pawn or purchase transaction, the pawnbroker shall enter on the pawn ticket a record of the following information which shall be typed or written in ink and in the English language: (1) A clear and accurate description of the property, including model and serial number if indicated on the property. (2) The name, residence address, and date of birth of the pledgor or seller. (3) Date of the pawn or purchase transaction. (4) Type of identification and the identification number accepted from pledgor or seller. (5) Description of the pledgor including approximate height, sex, and race. (6) Amount of cash advanced. (7) The maturity date of the pawn transaction and the amount due. (8) The monthly rate and pawn charges. (Acts 1992, No. 92-597, p. 1227, §3.)
AL Code § 5-19A-4 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-4 - Certain Information to Be Printed on Pawn Tickets.

Section 5-19A-4Certain information to be printed on pawn tickets. The following information shall be printed on all pawn tickets: (1) The statement that "Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of 30 days past maturity date of the original contract, and no further notice is necessary." (2) The statement that "The pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item." (3) The statement that "The item pawned is redeemable only by the bearer of this ticket." (4) A blank line for the pledgor's signature. (Acts 1992, No. 92-597, p. 1227, §4.)
AL Code § 5-19A-5 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-5 - Statement Verifying Pledgor Is Rightful Owner of Goods; Pawnbroker to Maintain Record of Transactions; Goods to Be Maintained on Premises for Certain Number of Days Before Resale.

Section 5-19A-5Statement verifying pledgor is rightful owner of goods; pawnbroker to maintain record of transactions; goods to be maintained on premises for certain number of days before resale. (a) The pledgor or seller shall sign a statement verifying that the pledgor or seller is the rightful owner of the goods or is entitled to sell or pledge the goods and shall receive an exact copy of the pawn ticket which shall be signed or initialed by the pawnbroker or any employee of the pawnbroker. (b) The pawnbroker shall maintain a record of all transactions of pledged or purchased goods on the premises. A pawnbroker shall make available to the appropriate law enforcement agency a record of the transactions. These records shall be a correct copy of the entries made of the pawn or purchase transaction, except as to the amount of cash advanced or paid for the goods and the monthly pawnshop charge. (c) All goods purchased by the pawnbroker except for automobiles, trucks, and similar vehicles shall be maintained on the premises by the pawnbroker for at least fifteen business days before the goods may be offered for resale. Automobiles, trucks, and similar vehicles shall be maintained on the premises for 21 calendar days. (Acts 1992, No. 92-597, p. 1227, §5.)
AL Code § 5-19A-6 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-6 - Redemption or Automatic Forfeiture of Pledged Goods.

Section 5-19A-6Redemption or automatic forfeiture of pledged goods. A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction. Pledged goods not redeemed within 30 days following the originally fixed maturity date shall be forfeited to the pawnbroker and absolute right, title, and interest in and to the goods shall vest in the pawnbroker. (Acts 1992, No. 92-597, p. 1227, §6.)
AL Code § 5-19A-7 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-7 - Pawnshop Charge; Amounts in Excess of Pawnshop Charge.

Section 5-19A-7Pawnshop charge; amounts in excess of pawnshop charge. (a) A pawnbroker may contract for and receive a pawnshop charge in lieu of interest or other charges for all services, expenses, costs, and losses of every nature but not to exceed 25 percent of the principal amount, per month, advanced in the pawn transaction. (b) Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amount permitted under subsection (a) shall be uncollectible and the pawn transaction shall be void. The pawnshop charge allowed under subsection (a) shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month. (Acts 1992, No. 92-597, p. 1227, §7.)
AL Code § 5-19A-8 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-8 - Certain Acts by Pawnbrokers Prohibited.

Section 5-19A-8Certain acts by pawnbrokers prohibited. A pawnbroker, any clerk, agent, or employee of a pawnbroker shall not do any of the following: (1) Fail to make an entry of any material matter in the record book. (2) Make any false entry therein. (3) Falsify, obliterate, destroy, or remove from the place of business records, books, or accounts relating to the licensee's pawn transactions. (4) Refuse to allow the supervisor, the appropriate law enforcement agency, the Attorney General, or any other duly authorized state or federal law enforcement officer to inspect the pawn records or any pawn goods during the ordinary hours of business or other acceptable time to both parties. (5) Fail to maintain a record of each pawn transaction for at least four years. (6) Accept a pledge or purchase property from a person under the age of 19 years. (7) Make any agreement requiring the personal liability of a pledgor or seller or waiving any of the provisions of this section or providing for a maturity date less than 30 days after the date of the pawn transaction. (8) Fail to return or replace pledged goods to a pledgor or seller upon payment of the full amount due the pawnbroker unless the pledged goods have been taken into custody by a court or by a law enforcement officer or agency. (9) Sell, lease, or agree to sell or lease pledged or purchased goods back to the pledgor or back to the seller and the same or related transaction. (10) Sell or otherwise charge for insurance in connection with a pawn transaction. (Acts 1992, No. 92-597, p. 1227, §8.)
AL Code § 5-19A-9 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-9 - Pledgor Presenting Pawn Ticket Entitled to Redeem or Repurchase Goods; Lost or Damaged Pledged Goods in Possession of Pawnbroker; Lost, Destroyed, or Stolen Pawn Ticket.

Section 5-19A-9Pledgor presenting pawn ticket entitled to redeem or repurchase goods; lost or damaged pledged goods in possession of pawnbroker; lost, destroyed, or stolen pawn ticket. (a) Any person properly identified as pledgor or as authorized representative of the pledgor and presenting a pawn ticket to the pawnbroker shall be entitled to redeem or repurchase the pledged goods described in the ticket. In the event pledged goods are lost or damaged while in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace the lost or damaged goods with like kinds of merchandise and proof of replacement shall be a defense to any prosecution. For the purposes of this subsection, "lost" includes pledged goods that have been destroyed or have disappeared due to willful neglect that results in the pledged goods being unavailable for return to the pledgor. (b) If the pawn ticket is lost, destroyed, or stolen, the pledgor shall so notify the pawnbroker in writing, and receipt of this notice shall invalidate the pawn ticket, if the pledged goods have not previously been redeemed. Before delivering the pledged goods or issuing a new pawn ticket, the pawnbroker shall require the pledgor to make a written statement of the loss, destruction, or theft of the ticket. The pawnbroker shall record on the written statement the identifying information required by Section 5-19A-3, the date the statement is given, and the number of the pawn ticket lost, destroyed, or stolen. The statement shall be signed by the pawnbroker or the pawnshop employee who accepts the statement from the pledgor. A pawnbroker is entitled to a fee not to exceed five dollars in connection with each lost, destroyed, or stolen pawn ticket and the taking of a properly prepared written statement for the pawn ticket. (Acts 1992, No. 92-597, p. 1227, §9.)
AL Code § 5-19A-10 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-10 - Liens for Pawnbrokers; Pledged Goods Not Redeemed on or Before Maturity Date Fixed in Ticket.

Section 5-19A-10Liens for pawnbrokers; pledged goods not redeemed on or before maturity date fixed in ticket. (a) A pawnbroker shall have a lien on the pledged goods pawned for the money advanced and the pawnshop charge owed, but not for other debts due to the pawnbroker, subject to the rights of other persons who have an ownership interest or prior liens in the pledged goods. The pawnbroker shall retain possession of the pledged goods except as otherwise herein provided until the lien is satisfied. (b) Pledged goods not redeemed on or before the maturity date if fixed and set out in the pawn ticket issued in connection with any transaction shall be held by the pawnbroker for 30 days following that date and may be redeemed or repurchased by the pledgor or seller within the period by the payment of the originally agreed redemption price, and by the payment of an additional pawnshop charge equal to the original pawnshop charge. (Acts 1992, No. 92-597, p. 1227, §10.)
AL Code § 5-19A-11 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-11 - Licensing Generally; Annual Fee; Temporary License; When New License Not Required Upon Change in Ownership.

Section 5-19A-11Licensing generally; annual fee; temporary license; when new license not required upon change in ownership. (a) A person may not engage in business as a pawnbroker unless the person has a valid license authorizing engagement in the business. A separate license is required for each place of business. The supervisor may issue more than one license to a person if that person complies with this chapter for each license. A new license or application to transfer an existing license is required upon any change, directly or beneficially, in the ownership of any licensed pawnshop and an application must be made to the supervisor in accordance with this chapter. (b) When a licensee wishes to move a pawnshop to another location, the licensee shall give 30 days written notice to the supervisor, who shall then amend the license accordingly. (c) Each license shall remain in full force and effect until relinquished, suspended, revoked, or expired. Every licensee, on or before each December 1st, shall pay the supervisor $100.00 for each license as the annual fee for the succeeding calendar year. If the annual fee remains unpaid 30 days after written notice of delinquency has been given to the licensee by the supervisor, the license shall thereupon expire, but not before December 31st of any year for which the annual fee has been paid. All licensing and investigation fees shall be paid into the special fund established under Section 5-2A-20. (d) The supervisor may issue a temporary license authorizing the operation of a pawnshop upon receipt of an application to transfer a license from one person to another, or upon the receipt of an application for a license involving principals and owners that are substantially identical to those of an existing licensed pawnshop. The temporary license shall be effective until the permanent license is issued or denied. (e) A new license or an application to transfer an existing license shall not be required upon any change, directly or beneficially, in the ownership of a licensed pawnshop incorporated under the laws of this state or any other state if the licensee continues to operate as a corporation doing a pawnbroking business under the license. The supervisor may require the licensee to provide information deemed reasonable and appropriate concerning the officers and directors of the corporation and persons owning in excess of 25 percent of the outstanding shares of the corporation. (Acts 1992, No. 92-597, p. 1227, §11.)
AL Code § 5-19A-12 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19A - Alabama Pawnshop Act.|Section 5-19A-12 - Eligibility for Pawnshop License; Application Fee.

Section 5-19A-12Eligibility for pawnshop license; application fee. (a) To be eligible for a pawnshop license, an applicant shall: (1) Operate lawfully and fairly within the purposes of this chapter. (2) Not have been convicted of a felony within the last 10 years or not be acting as a beneficial owner for someone who has been convicted of a felony within the last 10 years. (b) The application shall be accompanied by a fee of $50.00 to be paid to the Supervisor if the applicant does not possess an existing license at the time of applying for the pawnshop license. If the application involves a second or additional license to an applicant previously licensed for a separate location or involves substantially identical principals and owners of a licensed pawnshop at a separate location. The application shall be accompanied by a fee of $50.00. (Acts 1992, No. 92-597, p. 1227, §12.)