40-9-2
Section 40-9-2 Claim of exemption of homestead and household and kitchen furniture in certain
counties. Any person who is entitled to a homestead exemption under the provisions of Section
84 of Title 51 of the 1940 Code of Alabama, as amended, and who is also entitled to an exemption
of household and kitchen furniture under the provisions of subdivision (11) of Section 40-9-1,
shall not be required to claim annually the said personal property exemption. Any such person
is authorized to make a claim of said personal property prior to January 1 of any tax year;
and if said claim is granted by the tax assessor, it shall be unnecessary to repeat the claim
for subsequent tax years so long as such person is entitled to an exemption of such household
and kitchen furniture; provided, that such claimed exemption shall not inure to the benefit
of the grantee or successor of such person. It is the intent that the grantee or successor
is required to make his own claim for such personal property...
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45-8A-22.119
Section 45-8A-22.119 Death benefits. (a) Participant Death in the Line of Duty. (1) Effective
for Deaths Occurring Before October 1, 2012. a. Surviving Spouse. If a participant dies as
a result of injuries received in the line of duty and leaves a surviving spouse, the retirement
board shall direct the payment to the surviving spouse of a monthly pension equal to Option
B-100 percent joint and survivor plan, described in Section 45-8A-22.120, based on a 30-year
service retirement. b. No Surviving Spouse and Surviving Children. If a participant dies as
a result of injuries received in the line of duty and leaves no surviving spouse or the surviving
spouse should die, and if the participant leaves a surviving child or children under the age
of 18 years, then a benefit of 50 percent of the amount the participant would have been paid
under the 100 percent joint and survivor plan based on a 30-year service retirement shall
be paid to the legal guardian of the child or children then under...
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6-10-34
Section 6-10-34 Contest of exemption claim - Proceedings when inventory discloses personalty
not embraced by claim of exemption. When, on a contest of a claim of exemption to personal
property, an inventory filed by the defendant on the plaintiff's demand discloses other personal
property owned by the defendant and subject to sale under process not embraced in the claim
of exemption, the defendant, at the time of filing the inventory, shall deliver such property
to the officer making the levy, who shall, whether he has returned the process or not, in
case of an execution sell the property as in other cases and apply the proceeds to the satisfaction
of the execution or, in case of an attachment or other mesne process, shall hold the property
to await the final determination of the action. In either event, he shall make due return
of the facts to the court. (Code 1886, §2530; Code 1896, §2056; Code 1907, §4183; Code
1923, §7905; Code 1940, T. 7, §648.)...
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6-10-35
Section 6-10-35 Contest of exemption claim - Tender of issue by plaintiff on inventory filed
by defendant; determination thereof. When, on a contest of a claim of exemption to personal
property, an inventory has been filed by the defendant, an issue may be tendered by the plaintiff
that the defendant has other personal property subject to levy and sale under the process
not embraced in the inventory or that the inventory discloses that the defendant has other
personal property subject to levy and sale under the process not embraced in the claim of
exemption which he has failed to deliver to the officer levying the process. If such issue
is determined in favor of the plaintiff, the value of such property shall be ascertained and
estimated in ascertaining the amount of the exemption to which the defendant is entitled and
be deducted from his or her claim in contest as if such property had been selected by him
or her as part of his or her exemptions. (Code 1876, §2839; Code 1886, §2531;...
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6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal
property. When money, choses in action or personal property are garnished and the defendant
claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing,
verified by oath, in the court in which such proceedings are pending, accompanied by a statement
setting forth the personal property, choses in action, and money and the location and value
thereof, as required in the statement to be filed under the provisions of Section 6-10-29.
Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of
contest after declaration filed, and such contest shall be tried and determined as other contests
of claims of exemptions are tried and determined. If the defendant has notice of the garnishment,
the claim of exemption must be interposed before judgment of condemnation, but if not, such
judgment shall not operate to impair or affect his claim of...
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6-10-27
Section 6-10-27 Contest of exemption claim - Delivery of personalty to defendant upon executing
bond; proceedings when bond not forthcoming. (a) When any contest of a claim of exemption
to personal property has been instituted, the defendant claiming the exemption may, within
five days after service of notice of the contest, deliver to the officer making the levy a
bond in double the amount of the value of the property, to be fixed by, and with sureties
to be approved by, the officer, payable to the plaintiff and conditioned that if the defendant
is not successful in the contest, he or she will, within 30 days thereafter, deliver the property
to such officer and will pay all costs and damages that may result from its detention. Thereupon,
the property shall be delivered to the defendant. (b) If the defendant fails to deliver such
bond within the five days allowed him or her and the plaintiff shall, within five days thereafter,
deliver to the officer a bond in the amount, and with the...
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6-10-28
Section 6-10-28 Contest of exemption claim - Return of levying officer. In case of such contest,
the officer making the levy must, within 15 days after the institution of the contest, return
the process and other papers to the court to which the process is returnable, accompanied
with a full statement of the facts. (Code 1876, §2836; Code 1886, §2524; Code 1896, §2050;
Code 1907, §4177; Code 1923, §7899; Code 1940, T. 7, §642.)...
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6-10-29
Section 6-10-29 Contest of exemption claim - Filing of inventory by defendant; effect of failure
to file. On any contest of a claim of exemption to personal property, on the plaintiff's written
demand, made at any time, the defendant claiming the exemption shall, within 10 days, file
a full and complete inventory, duly verified by oath, of all his or her personal property,
except the wearing apparel, portraits, pictures, and books specifically exempted from levy
and sale, with the value and location of each item of such property, of all money belonging
to him or her, whether in his or her possession or held by others for him or her, and of all
debts and choses in action belonging to him or her or in which he or she is beneficially interested,
with the value of each of them. If such inventory is not filed within the time prescribed,
the plaintiff shall not be required to tender an issue on the claim, but the court must enter
judgment by default against the defendant, unless good and...
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6-10-31
Section 6-10-31 Contest of exemption claim - Trial by jury in probate court. When a contest
of a claim of exemption is triable in the probate court, either party shall be entitled to
a trial by jury on demand therefor, made by the contestant at the time of filing the contest
and by the contestee within 10 days after notice of the contest is filed by the claimant;
but if not then made, the right of trial by jury shall be waived. (Code 1876, §2838; Code
1886, §2527; Code 1896, §2053; Code 1907, §4180; Code 1923, §7902; Code 1940, T. 7, §645.)...

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6-10-32
Section 6-10-32 Contest of exemption claim - Judgment. If the plaintiff fails to appear in
support of his contest or if on the trial all the property in contest is found exempt, judgment
must be entered against the plaintiff for the costs of the levy and contest and releasing
the property from the levy, but if the defendant fails to appear in support of his or her
claim of exemption or if on the trial any of the property is found liable to the process,
judgment must be entered against the defendant for costs and condemning the property to sale.
(Code 1876, §2838; Code 1886, §2528; Code 1896, §2054; Code 1907, §4181; Code 1923, §7903;
Code 1940, T. 7, §646.)...
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