ALABAMA DEPARTMENT OF REVENUE
BUSINESS & LICENSE TAX DIVISION
MOTOR VEHICLE DEALER REGULATORY LICENSE RULE
810-8-5-.09. Bond Claim for New
Motor Vehicle Dealers, Used Motor Vehicle Dealer, Motor Vehicle Reconditioner,
Motor Vehicle Rebuilders, or Motor Vehicle Wholesalers .
(1) PURPOSE: Section 40-12-398, Code of Alabama 1975, states that
the bond shall be in favor of any person who shall recover any judgment for
any loss as a result of any violation of the conditions of the license of a
motor vehicle dealer, motor vehicle reconditioner, motor vehicle rebuilder,
and motor vehicle wholesaler. This rule establishes the procedures to be followed
for making a bond claim with the commissioner.
(2) JUDGMENT REQUIRED: In order to make a bond claim, a claimant must
first secure a final judgment from a court of competent jurisdiction.
(3) COLLECTION EFFORT: A person wishing to make a bond claim must
exhaust all available remedies in attempting to collect the judgment, prior
to making a bond claim with the commissioner.
(4) REQUIRED DOCUMENTS: The following items must be submitted to the
commissioner in order for a bond claim to be processed.
- (a) A complaint relating to the violation of the conditions of a contract
made in connection with the sale or exchange of a motor vehicle; or the
violation of any provision of law relating to the conduct of the business
of a motor vehicle dealer, motor vehicle reconditioner, motor vehicle rebuilder,
or motor vehicle wholesaler.
- (b) A final judgment relating to the complaint in item (a) above. The
judge rendering such must sign the judgment. No certificate or any other
document that is not signed by the judge will be accepted.
- (c) A description
of efforts made to enforce the judgment; along with a statement of all amounts
recovered, or a statement that no amount has been recovered.
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