No claim against the county shall be passed upon or allowed by the county commission unless it is itemized by the claimant or some person in his behalf having personal knowledge of the facts and all claims passed upon and allowed according to this section must be entered in the order in which they are allowed in a book kept for that purpose and filed for future reference within two weeks after the meeting at which such allowances were made, and the claim must show whether or not any part thereof has been paid.
This section shall not apply to bonds and interest or interest coupons thereon that have been lawfully issued by the county.
(Code 1876, §827; Code 1886, §902; Code 1896, §1417; Code 1907, §147; Acts 1923, No. 480, p. 631; Code 1923, §225; Code 1940, T. 12, §115; Acts 1975, No. 566, §1.)
Notes of Decisions
Elmore Cnty. Com'n v. Ragona, 540 So. 2d 720 (Ala. 1989).
· cites it 8× “The County defendants first contend that the Ragonas' claim filed pursuant to Ala. Code 1975, § 11-12-5, was deficient because the claim was filed by the Ragonas' attorney, who did not have "personal knowledge" of the facts, as required by the statute, and because the damages…”
Health Care Auth. v. Madison Cnty., 601 So. 2d 459 (Ala. 1992).
· cites it 2× “Second, the Hospital argues that the trial court erred in determining that the hospital's failure to file certain itemized claims with Madison County pursuant to § 6-5-20 and § 11-12-5 barred recovery on a substantial portion of all of the accounts.”
Cook v. Cnty. of St. Clair, 384 So. 2d 1 (Ala. 1980).
“Bradshaw filed a claim against Houston County pursuant to Code 1975, §§ 11-12-5 and 11-12-8. The Houston County Commission did not act on this claim, and the Bradshaws filed suit alleging negligent and wanton failure to maintain the street in a reasonably safe condition.”
Health Care Auth. for Baptist Health v. Davis, 158 So. 3d 397 (Ala. 2013).
“1958) (now § 11-1-2, § 11-12-5, and § 6-5-20, Ala.Code 1975, respectively), which permitted the county “to sue or be sued” and provided for a claim procedure before bringing suit.”
Roberts v. Meeks, 397 So. 2d 111 (Ala. 1981).
“First, we note that this was not one of the grounds contained in the motion to dismiss, and even if it were, we are not prepared to say that such specificity of pleading is required under the civil rules; but, even if so, the plaintiff clearly has the right to amend to cure such…”
Lauderdale Cnty. v. Daniels, 431 So. 2d 1266 (Ala. 1983).
· cites it 2× “” On April 1, 1981, Daniels filed a notice of claim with the Lauderdale County Commission, pursuant to § 6-5-20 and § 11-12-5, Ala.Code 1975, seeking back pay, uniform allowance, annual leave and sick leave, which totalled $14,297.”
Jefferson Cnty. v. Flanagan, 722 So. 2d 763 (Ala. Civ. App. 1998).
“§§ 11-12-5 and 11-12-6, Ala.Code 1975. An action cannot be maintained until the claim has been presented to the county commission and disallowed.”
Steadham v. Sanders, 941 F.2d 1534 (11th Cir. 1991).
“See Ala.Code § 11-12-5 (1975) (requiring claims to be itemized, registered and filed); Ala.”
Kelley v. First Real Est. Corp. of Al., 706 So. 2d 1201 (Ala. Civ. App. 1997).
“In support of its motion for a summary judgment, the county argued that the plaintiffs failed to comply with the relevant statutes of limitations, found in §§ 11-12-5 and -8, Ala.Code 1975, for presenting claims to and filing complaints against the County.”
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