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Alabama · Through Act 2026-611

Ala. Code § 12-21-164: Deceased Borrower’s Representative as Usury Witness.

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Where this section sits in the code
  1. Title 12 Courts.
  2. Chapter 21 Evidence and Witnesses.
  3. Article 1 General Provisions.
  4. Division 2 Witnesses.
  5. Division 2 Competency.

When the borrower is dead and usury is relied on as a defense, the representative of the borrower, having given 10 days’ notice to the plaintiff, or his attorney of his intention so to do, is a competent witness to prove the usury by swearing that he believes the contract to be usurious, if the plaintiff was the lender, unless the plaintiff denies on oath, in open court, the truth of the facts proposed to be sworn to by the defendant.

Collected 2026-09-03T14:01:52Z. Source file · JSON

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