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6-10-25
Section 6-10-25 Declaration of claimed exemptions - Contesting of claims. A plaintiff, in person
or by his or her agent or attorney, may contest a claim of exemption after a declaration thereof
has been filed by making and filing with the officer holding the process an affidavit that,
in his belief, either the claim is invalid entirely or it is invalid in part or is excessive,
specifying wherein such invalidity or excess consists, and if excessive, also specifying the
property alleged to be in excess, to be, in all cases, the last named in the claim. If the
claim is of personal property, he or she must also deliver to the officer a bond in double
the value of the property sought to be levied on, with sureties to be approved by the officer,
payable to the defendant claiming the exemption and conditioned that if the plaintiff fails
in the contest, he or she will pay the defendant all such costs and damages as he or she may
sustain by reason of the wrongful institution of the contest....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-25.htm - 1K - Match Info - Similar pages
6-10-26
Section 6-10-26 Claim of exemption after levy and prior to sale; contesting of such claim.
The right of homestead or other exemption shall not be waived or lost by a failure, before
the levy of process, to file for record a declaration claiming the same; but the defendant,
in person or by his or her agent or attorney, may, at any time after the levy and prior to
a sale, file with the officer making the levy a claim in writing, verified by oath, to such
property, or any part thereof, as exempt and, if of a part, describing the same; and, within
three days thereafter, such officer must give to the plaintiff or his or her agent or attorney
written notice of the filing of the claim. Thereupon, the plaintiff, in person or by his or
her agent or attorney, may contest the claim in the mode provided in Section 6-10-25; except,
that no bond need be executed; and on the institution of such contest, the officer shall,
within three days thereafter, give the defendant written notice of the same. If...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-26.htm - 1K - Match Info - Similar pages
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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6-10-35
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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6-10-34
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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6-10-125
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-125.htm - 1013 bytes - Match Info - Similar pages
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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6-10-38
Section 6-10-38 Contest of exemption claim - Proceedings when homestead found to exceed value
or area allowed. (a) If, on the trial of a contest of a claim of homestead exemption, it is
found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have
both claimed the exemption to which each is entitled, $10,000), or 160 acres in area, the
court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter, commanding
him to summon three disinterested householders or freeholders of the county in which the homestead
is situated, who, after having been sworn by the sheriff or some officer authorized to administer
oaths to faithfully discharge their duty, shall, if practicable, set off and allot, by metes
and bounds, the homestead exempt to the defendant from levy and sale under process, having
regard both to the quality and value of the real estate and to the selection of the defendant
and taking land most contiguous to the dwelling, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-38.htm - 4K - Match Info - Similar pages
6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-78.htm - 3K - Match Info - Similar pages
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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