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Alabama
Complaint for Past Due Promissory Note

Alabama Complaint for Past Due Promissory Note

Category:

Promissory Notes - Complaints

State:

Multi-State

Control #:

US-01126BG

Format:

Instant download

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Description

The form is a complaint for a default on payments due pursuant to a promissory note. The complaint adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings.

By way of example, the statute of limitation periods for enforcement of promissory notes in the states of Alabama, Arkansas and Florida are as follows: Alabama: Statute of Limitation on a Note is six (6) years. See, ALA. CODE § 6-2-34.

Alabama Rules of Appellate Procedure Rule 12. Docketing of the appeal; docket fee; filing of the record. (a) Docketing the appeal and docket fee. The clerk of the trial court shall send to the clerk of the appellate court to which the appeal is taken a copy of the notice of appeal.

Rule 12(b) provides ?a party may assert the following defenses by motion.? The defendant has two options: 1) raise the defenses in a preliminary motion, or 2) raise the defenses in the answer, provided that they have not been waived by omission from a preliminary motion.

Insofar as the motion to strike, sanctioned by Rule 12(f), is used to rid the pleading of redundant, immaterial, impertinent or scandalous matter, it is similar to the motion to strike under present Alabama practice.

One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.

§ 6-2-34(1) Ala. Code (2005). term is traditionally used and understood in the jurisprudence of our state, signifies the intentional doing of, or failing to do, an act, or discharge a duty, with the likelihood of injury to the person or property of another as a reasonably foreseeable consequence.

Section 6-5-182 - Libel or Slander - Burden of Proof. Libel or slander - Burden of proof. In an action for libel or slander, the plaintiff must prove, unless it shall be admitted by the defendant, the facts showing that the alleged defamatory matter was published or spoken of the plaintiff.

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