§ 16-117-406 — Account of assignee - Allowances to assignee

(a) The assignee shall, in the circuit court of the county in which the assignment is made, after one (1) year from the date of the assignment, and every year thereafter until the proceeds of the property assigned are disposed of for the benefit of creditors, present to the circuit court a fair written statement or current account in which the assignee shall charge himself or herself with the whole amount of the property assigned, including all debts due or to become due, and credit himself or herself with all sums of money expended, either by payment of debts or otherwise, exhibiting with the account the receipts and vouchers for all moneys paid out to the creditors of the assignment. (b) The account so made out shall be filed in the office of the clerk of the circuit court of the county and become a part of the record thereof. Certified copies of the account shall be competent evidence of the facts contained therein, in any of the courts of this state, in the same manner and to the same extent as the records of any other court. (c) The account shall be carefully examined by the circuit court. Upon the examination the circuit court shall allow the assignee for all debts with which he or she stands charged, which the circuit court shall be satisfied could not be collected, and shall allow the assignee any sum not exceeding ten percent (10%) on all sums less than one thousand dollars ($1,000), and on all sums over one thousand dollars ($1,000), five percent (5%) for his or her risk and trouble in attending to the settlement of the assignment.

Legislative History

Acts 1859, No. 137, § 2, p. 151; 1883, No. 38, § 2, p. 60; C. & M. Dig., §§ 492, 493; Pope's Dig., §§ 529, 530; A.S.A. 1947, §§ 36-307, 36-308; Acts 2003, No. 1185, § 242.