(a) Any person engaged primarily in the business of selling tangible personal property at retail, by contract with the customer may, charge, and deduct from the property otherwise subject to this article, a reasonable administrative and restocking fee of not more than twenty-five dollars ($25) with respect to items purchased under a layaway or similar agreement the terms of which are not fulfilled by the customer and the items are returned to inventory.
(b) A holder may deduct from property presumed abandoned a charge imposed by reason of the apparent owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the apparent owner under which the holder may impose the charge and the holder regularly imposes the charge. The amount of the deduction is limited to an amount that is not unconscionable.
Structure Code of Alabama
Chapter 12 - Lost or Unclaimed Property.
Article 2 - Uniform Disposition of Unclaimed Property Act.
Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.
Section 35-12-70 - Short Title.
Section 35-12-71 - Definitions.
Section 35-12-72 - Presumption of Abandonment.
Section 35-12-73 - Exemptions.
Section 35-12-74 - Rules for Taking Custody.
Section 35-12-75 - Dormancy Charges.
Section 35-12-76 - Report of Abandoned Property.
Section 35-12-77 - Payment or Delivery of Abandoned Property.
Section 35-12-78 - Notification of Abandoned Property.
Section 35-12-79 - Custody by State; Recovery by Holder; Defense of Holder.
Section 35-12-80 - Public Sale of Abandoned Property.
Section 35-12-81 - Deposit of Funds.
Section 35-12-82 - Claim of Another State to Recover Property.
Section 35-12-83 - Filing and Handling of Claims.
Section 35-12-84 - Filing of a Claim - Intestate and Small Claims.
Section 35-12-85 - Action to Establish a Claim.
Section 35-12-86 - Election to Take Payment or Delivery.
Section 35-12-87 - Disposition of Property Having No Substantial Commercial Value.
Section 35-12-88 - Periods of Limitation.
Section 35-12-89 - Requests for Reports and Examination of Records.
Section 35-12-90 - Retention of Records.
Section 35-12-91 - Interstate Agreements.
Section 35-12-92 - Penalties and Enforcement.
Section 35-12-93 - Agreement to Locate Property.
Section 35-12-94 - Confidentiality; Staff.
Section 35-12-95 - Transitional Provisions.
Section 35-12-96 - Uniformity of Application and Construction.