Ala. Code § 43-2-751
This is the official text of Ala. Code § 43-2-751, part of Alabama’s Code — part of the compiled statutory law of Alabama, published by the state as "Code." Browse the sections below, each linked to its official government source.
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Section 43-2-751 Action by Creditor to Recover Dividend
Official statutory text
(a) Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend of such estate and may recover from him or her such an amount of the dividend he or she has received as shall be in the same proportion thereto as the claim of the plaintiff bears to the debts of the estate distributed, including the claim of the plaintiff.
(b) But, in such action, the defendant may reduce the recovery, by showing that such dividend has been reduced by the recovery or payment of the claims of other creditors of such estate in the like proportion.
(c) In such action, the plaintiff must pay the costs, unless he or she proves that he or she has exhibited his or her claim and demanded of the defendant his or her proportion of the dividend received by him or her before the commencement of the action.
(b) But, in such action, the defendant may reduce the recovery, by showing that such dividend has been reduced by the recovery or payment of the claims of other creditors of such estate in the like proportion.
(c) In such action, the plaintiff must pay the costs, unless he or she proves that he or she has exhibited his or her claim and demanded of the defendant his or her proportion of the dividend received by him or her before the commencement of the action.
Status: in_force · Read it on the official government site
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