Code of Alabama

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45-28A-45.58
Section 45-28A-45.58 Exemptions. No portion of the policemen's and firemen's retirement fund
shall, before or after its order for distribution by the board of trustees to the person or
persons entitled thereto under this section, be held, seized, taken, subjected to, detained,
or levied upon, by virtue of any attachment, garnishment, execution, injunction, writ, order,
decree, or any other process whatsoever, issued out of or by any court of this state, for
the payment or satisfaction, in whole or in part, of any debt, damage, demand, claim, judgment,
or decree, against any beneficiary of such fund, but shall be exempt therefrom. The fund shall
be sacredly kept, held, and distributed for the purposes named in this subpart, and for no
other purpose whatsoever. (Act 80-442, p. 674, §10.)...
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45-8A-22.132
Section 45-8A-22.132 Protection of the trust; exemptions. No portion of the trust shall, before
or after its order for distribution by the retirement board to the person or persons entitled
thereto under the provisions of the plan, be held, seized, taken, subjected to, detained,
or levied upon by virtue of any attachment, garnishment, execution, injunction, writ, order,
decree, or any other process whatsoever issued out of or by any court of the State of Alabama,
for the payment or satisfaction, in whole or in part, of any debt, damage, demand, claim,
judgment, or decree against any beneficiary of the trust, but shall be exempt therefrom so
that the trust shall be kept, held, and distributed solely for the purposes of the plan. (Act
2012-484, p. 1349, §33.)...
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6-6-161
Section 6-6-161 Return of writ, bond and affidavit; issue made up; burden of proof. The officer
making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return
the writ, affidavit and bond to court to which it is returnable, when an issue must be made
up between the plaintiff in the writ and the claimant, in which the former must allege that
the property claimed is the property of the defendant in the writ and is liable to its satisfaction.
On the trial of such issue, the burden of proof is on the plaintiff. (Code 1852, §§2588,
2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code
1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)...
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35-9-36
Section 35-9-36 Issuance and return of attachment; trial; property leviable. Such attachment
may be issued by any officer authorized to issue attachment in other cases, and made returnable
before any court of competent jurisdiction, and must be tried in the same manner, and upon
the same notice, as other attachment proceedings are tried, and may be levied on the crop,
or the proceeds thereof, and on the articles advanced, and property purchased with money advanced
or obtained by barter in exchange for articles advanced. (Code 1876, §3473; Code 1886, §3063;
Code 1896, §2710; Code 1907, §4741; Code 1923, §8806; Code 1940, T. 31, §22.)...
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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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6-10-42
Section 6-10-42 When no action lies against officer levying on exempt property. If no declaration
of claim of exemption has been filed in the office of the judge of probate or if so filed
and the same is contested, no action shall lie against the officer levying the process on
the ground that the property levied on is exempt. (Code 1876, §2833; Code 1886, §2540; Code
1896, §2066; Code 1907, §4193; Code 1923, §7915; Code 1940, T. 7, §658.)...
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6-6-162
Section 6-6-162 Assessment of property value and damages for delay. If the jury or judge finds
the property levied on to be liable to the satisfaction of the writ, he or they must, as far
as practicable, assess the value at the time of the interposition of the claim of each article
separately; and if it is a case in which execution has been levied and it is shown on the
trial that the claim was interposed for delay, he or they must also assess such damages as
the plaintiff may be entitled to, not more than 15 percent on the amount of the execution.
(Code 1852, §§2589, 2837; Code 1867, §§3018, 3283; Code 1876, §§3343, 3680; Code 1886,
§§3007, 3367; Code 1896, §4143; Code 1907, §6041; Code 1923, §10377; Code 1940, T. 7,
§1170.)...
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6-9-60
Section 6-9-60 When writ of execution becomes lien. A writ of execution is a lien only within
the county in which it is received by the officer authorized to execute it on the lands of
the defendant in such county subject to levy and sale from the time the writ is levied by
him and notice of levy as provided in Section 35-4-132 is filed for record with the judge
of probate of such county. Such writ is a lien upon the personal property of the defendant
subject to levy and sale from the time only that the writ is levied upon such personal property.
(Code 1852, §2456; Code 1867, §2872; Code 1876, §3210; Code 1886, §2894; Code 1896, §1892;
Code 1907, §4093; Code 1923, §7808; Code 1940, T. 7, §521.)...
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6-6-149
Section 6-6-149 Action by defendant - Venue for actions on injunction bond or attachment bond
in cases of injunction or bankruptcy. The defendant in any action commenced by attachment,
in any action in which an injunction against him is issued, or in any proceeding against him
as a bankrupt, may commence an action on the attachment bond or injunction bond, as the case
may be, against the plaintiffs as for malicious prosecution, and upon the bond of the petitioning
creditors, against the petitioning creditors as for a malicious prosecution, in the county
where the writ is levied; and in case of bankruptcy, in the county where the goods, property,
and effects were seized and located; or such actions may be commenced in the county where
the plaintiff in attachment resides or any of the sureties reside; and, in cases of bankruptcy,
where the petitioning creditors or anyone of them reside; and, in the cases of injunction,
where the plaintiff or any surety on his bond resides. (Code 1896,...
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7-8-112
Section 7-8-112 Creditor's legal process. (a) The interest of a debtor in a certificated security
may be reached by a creditor only by actual seizure of the security certificate by the officer
making the attachment or levy, except as otherwise provided in subsection (d). However, a
certificated security for which the certificate has been surrendered to the issuer may be
reached by a creditor by legal process upon the issuer. (b) The interest of a debtor in an
uncertificated security may be reached by a creditor only by legal process upon the issuer
at its chief executive office in the United States, except as otherwise provided in subsection
(d). (c) The interest of a debtor in a security entitlement may be reached by a creditor only
by legal process upon the securities intermediary with whom the debtor's securities account
is maintained, except as otherwise provided in subsection (d). (d) The interest of a debtor
in a certificated security for which the certificate is in the...
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