6-10-125
Section 6-10-125 Attachment - Proceedings when waiver not sustained. When such attachment is
levied on property embraced in a declaration of claim of exemption which has been filed for
record, or subsequent to the levy a claim to such property as exempt is interposed, if, on
the trial, the averment of waiver is not sustained, the levy shall be discharged and the property
returned to the defendant, unless the plaintiff, within five days after judgment, shall contest
the claim. If such plaintiff should desire to contest, such contest may be instituted and
prosecuted as in other cases. (Code 1886, §2572; Code 1896, §2109; Code 1907, §4236; Code
1923, §7965; Code 1940, T. 7, §711.)...
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6-10-33
Section 6-10-33 Contest of exemption claim - Proceedings when claim of personalty found excessive.
When, on a contest of a claim of exemption to personal property, the issue is whether or not
the claim is excessive and such issue is found in favor of the plaintiff, it must also be
ascertained by the finding of the court or the verdict of the jury, as the case may be, how
much and what portion of the property is exempt, describing the same with its value, approximating
in value as nearly as practicable $3,000, and the residue of the property shall be sold, and
out of the proceeds of sale there shall be paid to the defendant an amount which, when added
to the value of the property found to be exempt, will make the exemption equal to $3,000,
and the balance shall be applied to the payment of the costs and satisfaction of the process.
(Code 1876, §2839; Code 1886, §2529; Code 1896, §2055; Code 1907, §4182; Code 1923, §7904;
Code 1940, T. 7, §647; Acts 1980, No. 80-569, p. 879, §4.)...
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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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6-10-24
Section 6-10-24 Declaration of claimed exemptions - Effect of waiver or contest. After such
declaration of claim has been filed for record, the property therein embraced shall not be
subject to levy unless there is endorsed on the process the fact that there has been a waiver
of exemption as to the kind of property on which the levy is sought to be made or the claim
is contested. (Code 1876, §2830; Code 1886, §2519; Code 1896, §2045; Code 1907, §4172;
Code 1923, §7894; Code 1940, T. 7, §637.)...
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6-10-9
Section 6-10-9 Partnership property. No property, real or personal, held or owned by partners
as partnership property or purchased with partnership funds for partnership purposes shall
be the subject of homestead or other exemption as against copartners or partnership creditors.
(Code 1876, §2820; Code 1886, §2513; Code 1896, §2039; Code 1907, §4166; Code 1923, §7888;
Code 1940, T. 7, §631.)...
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45-1-235.04
Section 45-1-235.04 Claim of property. The owner of any abandoned or stolen personal property
recovered by the Autauga County Sheriff's Office, including firearms, may claim the property
at any time prior to its sale by submitting sufficient proof of ownership as determined by
the sheriff and by paying any reasonable expenses incurred in the recovery of the property,
its maintenance, storage, and a pro rata share of the costs, if any, of publication of notice
of the sale of the property. (Act 2014-241, p. 769, §5.)...
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45-2-231.44
Section 45-2-231.44 Claim of property. The owner of any abandoned or stolen personal property
recovered by the Baldwin County Sheriff's office, including firearms, may claim the property
at any time prior to its sale by submitting sufficient proof of ownership as determined by
the sheriff and by paying any reasonable expenses incurred in the recovery of the property,
its maintenance, storage, and a pro rata share of the costs, if any, of publication of notice
of the sale of the property. (Act 97-520, p. 909, §5; Act 97-564, p. 999, §5.)...
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45-21-230.04
Section 45-21-230.04 Claim of ownership. The owner of any abandoned or stolen personal property
recovered by the Crenshaw County Sheriffs Department, including firearms, may claim the property
at any time prior to its sale by submitting sufficient proof of ownership as determined by
the sheriff and by paying any reasonable expenses incurred in the recovery of the property,
its maintenance, storage, and a pro rata share of the costs, if any, of publication of notice
of the sale of the property. (Act 2001-645, p. 1339, §5.)...
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45-26-231.04
Section 45-26-231.04 Claim of property. The owner of any abandoned or stolen personal property
recovered by the Elmore County Sheriffs Department, including firearms, may claim the property
at any time prior to its sale by submitting sufficient proof of ownership as determined by
the sheriff and by paying any reasonable expenses incurred in the recovery of the property,
its maintenance and storage, and a pro rata share of the costs, if any, of publication of
notice of the sale of the property. (Act 2007-325, p. 581, §5.)...
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45-31-234.04
Section 45-31-234.04 Claim of property. The owner of any abandoned or stolen personal property
recovered by the Geneva County Sheriff's Department, including firearms, may claim the property
at any time prior to its sale by submitting sufficient proof of ownership as determined by
the sheriff and by paying any reasonable expenses incurred in the recovery of the property,
its maintenance, storage, and a pro rata share of the costs, if any, of publication of notice
of the sale of the property. (Act 2020-138, §1(e).)...
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