reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-259 - Construction and Application of Article.

Section 6-9-259
Construction and application of article.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2012-470, p. 1296, §10.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-260 - Comity.

Section 6-9-260
Comity.
This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article.
(Act 2012-470, p. 1296, §11.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-261 - Date of Commencement.

Section 6-9-261
Date of commencement.
This article applies to all actions commenced on or after January 1, 2013, in which the issue of recognition of a foreign-country judgment is raised.
(Act 2012-470, p. 1296, §12.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-1 - Law Governing Exemptions and Claims.

Section 6-10-1
Law governing exemptions and claims.
The right of homestead or other exemption shall be governed by the law in force when the debt or demand was created, but the mode or remedy for asserting, ascertaining, contesting, and determining claims thereto shall be as prescribed in this chapter.
(Code 1876, §2844; Code 1886, §2542; Code 1896, §2068; Code 1907, §4195; Code 1923, §7917; Code 1940, T. 7, §660.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-2 - Homestead Exemption - Amount; Area.

Section 6-10-2
Homestead exemption - Amount; area.
The homestead of every resident of this state, with the improvements and appurtenances, not exceeding in value fifteen thousand dollars ($15,000) and in area 160 acres, shall be, to the extent of any interest he or she may have therein, whether a fee or less estate or whether held in common or in severalty, exempt from levy and sale under execution or other process for the collection of debts during his or her life and occupancy and, if he or she leaves surviving him or her a spouse and a minor child, or children, or either, during the life of the surviving spouse and minority of the child, or children, but the area of the homestead shall not be enlarged by reason of any encumbrance thereon or of the character of the estate or interest owned therein by him or her. When a husband and wife jointly own a homestead each is entitled to claim separately the exemption provided herein, to the same extent and value as an unmarried individual. For purposes of this section and Sections 6-10-38 and 6-10-40, a mobile home or similar dwelling if the principal place of residence of the individual claiming the exemption shall be deemed to be a homestead.
(Code 1876, §2820; Code 1886, §2507; Code 1896, §2033; Code 1907, §4160; Code 1923, §7882; Code 1940, T. 7, §625; Acts 1980, No. 80-569, p. 879, §2; Act 2015-484, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-3 - Homestead Exemption - Alienation by Married Person.

Section 6-10-3
Homestead exemption - Alienation by married person.
No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take acknowledgments of deeds, and the certificate of such officer upon, or attached to, such mortgage, deed, or other conveyance, which certificate must be substantially in the form of acknowledgment for individuals prescribed by Section 35-4-29.
(Code 1876, §2822; Code 1886, §2508; Code 1896, §2034; Code 1907, §4161; Code 1923, §7883; Acts 1931, No. 116, p. 183; Code 1940, T. 7, §626; Acts 1951, No. 83, p. 300.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-4 - Homestead Exemption - Liens Not Affected.

Section 6-10-4
Homestead exemption - Liens not affected.
The provisions of this article shall not, however, be so construed as to prevent any lien attaching to the homestead in favor of any laborer, merchant, or materialman for work and labor done or for materials furnished, or in favor of any vendor for unpaid purchase money or so as to affect any deed, mortgage, or lien on such homestead, lawfully executed or created.
(Code 1876, §2822; Code 1886, §2509; Code 1896, §2035; Code 1907, §4162; Code 1923, §7884; Code 1940, T. 7, §627.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-5 - Burial Place and Church Pew or Seat.

Section 6-10-5
Burial place and church pew or seat.
In favor of any resident of this state, there shall also be exempt from levy and sale, under execution or other process, any lot or lots in cemeteries or elsewhere, set apart or used as a burial place for himself or herself or family and any pew or seat in any church or other place of worship, held and occupied by him or her for the use of himself or herself or family.
(Code 1876, §2823; Code 1886, §2510; Code 1896, §2036; Code 1907, §4163; Code 1923, §7885; Code 1940, T. 7, §628.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-6 - Personalty.

Section 6-10-6
Personalty.
The personal property of such resident, except for wages, salaries, or other compensation, to the extent of the resident's interest therein, to the amount of seven thousand five hundred dollars ($7,500) in value, to be selected by him or her, and, in addition thereto, all necessary and proper wearing apparel for himself or herself and family, all family portraits or pictures and all books used in the family shall also be exempt from levy and sale under execution or other process for the collection of debts. No wages, salaries, or other compensation shall be exempt except as provided in Section 5-19-15 or Section 6-10-7.
(Code 1876, §§2820, 2823; Code 1886, §2511; Code 1896, §2037; Code 1907, §4164; Code 1923, §7886; Code 1940, T. 7, §629; Acts 1980, No. 80-569, p. 879, §3; Acts 1988, No. 88-294, p. 454, §2; Act 2015-484, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-6.1 - Exclusions From Personal Property.

Section 6-10-6.1
Exclusions from personal property.
(a) Wages, salaries, or other compensation of a resident are not personal property for the purposes of exemption from garnishment, levy, sale under execution, or other process for the collection of debt.
(b) It is the intent of this section to exclude from the meaning of personal property the wages, salaries, or other compensation of a resident for the purposes of the personal property exemption under Section 6-10-6 and Section 204 of the Constitution of Alabama of 1901.
(Act 2015-484, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-7 - Wages, Salaries, or Other Compensation of Laborers or Employees for Personal Services.

Section 6-10-7
Wages, salaries, or other compensation of laborers or employees for personal services.
(a) The wages, salaries, or other compensation of laborers or employees, residents of this state, for personal services, shall be exempt from levy under writs of garnishment or other process for the collection of debts contracted or judgments entered in tort in an amount equal to 75 percent of such wages, salaries, or other compensation due or to become due to such laborers or employees, and the levy as to such percentage of their wages, salaries, or other compensation shall be void. The court issuing the writ or levy shall show thereon the amount of the claim of the plaintiff and the court costs in the proceedings. If at any time during the pendency of the proceedings in the court a judgment is entered for a different amount, then the court shall notify the garnishee of the correct amount due by the defendant under the writ or levy. The garnishee shall retain 25 percent of the wages, salaries, or other compensation of the laborer or employee during the period of time as is necessary to accumulate a sum equal to the amount shown as due by the court on the writ or levy. Should the employment of the defendant for any reason be terminated with the garnishee, then the garnishee shall not later than 15 days after the termination of employment, report the termination to the court and pay into court all sums withheld from the defendant's wages, salaries, or other compensation. If the plaintiff in garnishment contests the answer of the garnishee, as now provided by law in such cases, and proves to the court the deficiency or untruth of the garnishee's answer, the court shall enter judgment against the garnishee for such amount as would have been subject to the order of condemnation had the sum not been released to the defendant.
(b) The garnishee shall, after a period of 30 days from the first retention of any sum from the defendant's wages, salaries, or other compensation, commence paying the funds into court, as they are deducted or withheld and continue to do so on a monthly or more frequent basis until the full amount is withheld. Upon receipt by the court of a written request by the plaintiff, the court may enter an order of condemnation of said funds received and thereupon disburse the same to the plaintiff.
(Code 1876, §2823; Code 1886, §2512; Code 1896, §2038; Code 1907, §4165; Code 1923, §7887; Acts 1939, No. 235, p. 396; Code 1940, T. 7, §630; Acts 1949, No. 541, p. 851; Acts 1957, No. 613, p. 880; Acts 1992, 2nd Ex. Sess., No. 92-681, p. 67, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-8 - Rights of Beneficiaries and Assignees Under Life Insurance Policies.

Section 6-10-8
Rights of beneficiaries and assignees under life insurance policies.
If a policy of insurance, whether heretofore or hereafter issued, is effected by any person on his or her own life or on another life in favor of a person other than himself or herself or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance, or his or her executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary is reserved or permitted and whether or not the policy is made payable to the person whose life is insured if the beneficiary or assignee shall predecease such person; provided, that subject to the statute of limitations, the amount of any premiums for said insurance paid with intent to defraud creditors, with interest thereon, shall inure to their benefit from the proceeds of the policy; but the company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms unless, before such payment, the company shall have written notice, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specifications of the amount claimed. A husband or a wife, in his or her own name or in the name of a trustee, may insure the life of his or her spouse for the benefit of himself or herself, or for the benefit of himself or herself and any child or children of the marriage; or a husband or a wife may insure his or her own life for the benefit of his or her spouse, or for the benefit of his or her spouse and children, or for the benefit of their children, either in the names of such children or in the name of a trustee; and such insurance and the proceeds and avails thereof, whether or not the right to change the beneficiary is reserved or permitted, is exempt from liability for the debts or engagements of the insured, or for the torts of the insured, or for any penalty or damages recoverable of the insured.
(Code 1867, §§3539h, 3539i; Code 1876, §§2733, 2734; Code 1886, §2356; Code 1896, §2535; Code 1907, §4502; Code 1923, §8277; Acts 1932, Ex. Sess., No. 160, p. 190; Code 1940, T. 7, §624.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-9 - Partnership Property.

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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-10 - County and Municipal Property.

Section 6-10-10
County and municipal property.
All property, real or personal, belonging to the several counties or municipal corporations in this state and used for county or municipal purposes shall be exempt from levy and sale under any process or judgment whatsoever.
(Code 1876, §2845; Code 1886, §2514; Code 1896, §2040; Code 1907, §4167; Code 1923, §7889; Code 1940), T. 7, §632.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-11 - Exemptions in Federal Bankruptcy.

Section 6-10-11
Exemptions in federal bankruptcy.
In cases instituted under the provisions of Title 11 of the United States Code entitled Bankruptcy, there shall be exempt from the property of the estate of an individual debtor only that property and income which is exempt under the laws of the State of Alabama and under federal laws other than Subsection (d) of Section 522 of Title 11 of the United States Code.
(Acts 1980, No. 80-569, p. 879, §1; Act 2015-484, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-12 - Adjustments to Exemption Values.

Section 6-10-12
Adjustments to exemption values.
On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change in the consumer price index, as published by the United States Department of Labor, or, if that index is no longer published, a generally available comparable index, for the 3-year period ending on the December 31 preceding the adjustment date and rounded to the nearest twenty-five dollars ($25.00). The State Treasurer shall publish the adjusted amounts. The adjusted amounts apply to exemptions claimed on or after April 1 following the adjustment date.
(Act 2015-484, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-20 - Declaration of Claimed Exemptions - Making and Filing.

Section 6-10-20
Declaration of claimed exemptions - Making and filing.
Any resident of this state entitled to, and desiring to, claim a homestead or other exemption from levy and sale under execution or other process may, at any time, make and file in the office of the probate judge of the county in which the property is situated, if a homestead, or, if personal property, of the county in which such resident resides, a declaration in writing, subscribed and sworn to by him or her, describing the property selected and claimed by him or her as exempt, item by item, in case of personal property, with its value. Other declarations may, from time to time, as occasion may require, be made and filed.
(Code 1876, §2828; Code 1886, §2515; Code 1896, §2041; Code 1907, §4168; Code 1923, §7890; Code 1940, T. 7, §633.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-21 - Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies.

Section 6-10-21
Declaration of claimed exemptions - Recordation; receipt; certified copies.
Such declarations of claims of exemptions shall be recorded in a separate book, kept for that purpose, and the probate judge, on request, shall give a receipt therefor and shall furnish a certified copy thereof, when requested, on payment of lawful fees therefor.
(Code 1876, §2829; Code 1886, §2516; Code 1896, §2042; Code 1907, §4169; Code 1923, §7891; Code 1940, T. 7, §634.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-22 - Declaration of Claimed Exemptions - Fees for Filing, Etc.

Section 6-10-22
Declaration of claimed exemptions - Fees for filing, etc.
The fees for filing, recording, copying, and certifying such declarations shall be the same as are allowed by law for filing, recording, copying, and certifying deeds.
(Code 1876, §2829; Code 1886, §2518; Code 1896, §2044; Code 1907, §4171; Code 1923, §7893; Code 1940, T. 7, §636.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-23 - Declaration of Claimed Exemptions - Effect as Evidence and Notice.

Section 6-10-23
Declaration of claimed exemptions - Effect as evidence and notice.
After the filing of such declaration, the claim of exemption therein asserted shall be taken and considered as prima facie correct, and the filing thereof shall operate as notice of its contents.
(Code 1876, §§2828, 2831; Code 1886, §2517; Code 1896, §2043; Code 1907, §4170; Code 1923, §7892; Code 1940, T. 7, §635.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-24 - Declaration of Claimed Exemptions - Effect of Waiver or Contest.

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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-25 - Declaration of Claimed Exemptions - Contesting of Claims.

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. Thereupon, the officer shall proceed to make a levy and, within three days thereafter, shall notify the defendant in writing of the same.
(Code 1876, §2830; Code 1886, §2520; Code 1896, §2046; Code 1907, §4173; Code 1923, §7895; Code 1940, T. 7, §638.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-26 - Claim of Exemption After Levy and Prior to Sale; Contesting of Such Claim.

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 the plaintiff does not institute such contest within 10 days after notice of the claim, the levy shall be discharged, the property, if personal, shall be returned to the defendant and the plaintiff shall be taxed with the costs of making the levy and keeping the property. When the levy has been made on personal property, the defendant must file with his or her claim the statement of personal property, choses in action and money, with the value and location thereof, as required by the provisions of Section 6-10-29.
(Code 1876, §2834; Code 1886, §2521; Code 1896, §2047; Code 1907, §4174; Code 1923, §7896; Code 1940, T. 7, §639.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-27 - Contest of Exemption Claim - Delivery of Personalty to Defendant Upon Executing Bond; Proceedings When Bond Not Forthcoming.

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 sureties, provided in subsection (a) of this section, conditioned that if the plaintiff is not successful in the contest, he or she will, within 30 days thereafter, deliver the property to the defendant and pay all costs and damages that may result from the detention thereof, the property shall be delivered to the plaintiff; but if the plaintiff fails to deliver such bond within the five days allowed, the property must be returned to the defendant without bond.
(Code 1876, §2836; Code 1886, §§2522, 2523; Code 1896, §§2048, 2049; Code 1907, §§4175, 4176; Code 1923, §§7897, 7898; Code 1940, T. 7, §§640, 641.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-28 - Contest of Exemption Claim - Return of Levying Officer.

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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-29 - Contest of Exemption Claim - Filing of Inventory by Defendant; Effect of Failure to File.

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 sufficient cause is shown to the contrary.
(Code 1876, §2837; Code 1886, §2525; Code 1896, §2051; Code 1907, §4178; Code 1923, §7900; Code 1940, T. 7, §643.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-30 - Contest of Exemption Claim - Trial of Issues.

Section 6-10-30
Contest of exemption claim - Trial of issues.
The contest of any claim of exemptions shall be a preferred case, and after the return of the process, if both parties appear, an issue or issues shall be formed under the direction of the court as to whether the property in contest, or any and what part of it, is exempt as claimed. Such issue or issues shall be tried as other cases are tried. In all cases, the party in whose favor the levy was made shall be deemed the plaintiff, upon whom shall rest the burden of proof, and both parties shall be entitled to the same right of objection, exception, and of appeal as in other cases.
(Code 1876, §2838; Code 1886, §2526; Code 1896, §2052; Code 1907, §4179; Code 1923, §7901; Code 1940, T. 7, §644.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-31 - Contest of Exemption Claim - Trial by Jury in Probate Court.

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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-32 - Contest of Exemption Claim - Judgment.

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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-33 - Contest of Exemption Claim - Proceedings When Claim of Personalty Found Excessive.

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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-34 - Contest of Exemption Claim - Proceedings When Inventory Discloses Personalty Not Embraced by Claim of Exemption.

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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-35 - Contest of Exemption Claim - Tender of Issue by Plaintiff on Inventory Filed by Defendant; Determination Thereof.

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; Code 1896, §2057; Code 1907, §4184; Code 1923, §7906; Code 1940, T. 7, §649.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-36 - Contest of Exemption Claim - Assessment of Value of Property and Damages Resulting From Detention on Bond; Judgment and Execution on Bond.

Section 6-10-36
Contest of exemption claim - Assessment of value of property and damages resulting from detention on bond; judgment and execution on bond.
When bond has been executed by the plaintiff or defendant for the forthcoming of the property in contest, the value of the property, and the damages resulting from its detention must be assessed by the court or jury trying the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property and pay the damages as required by the condition of the bond, it shall be the duty of the sheriff to make due return of that fact; and, upon such return being made, the bond shall have the force and effect of a judgment, and execution may issue thereon against the obligors on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907; Code 1940, T. 7, §650.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-37 - Contest of Exemption Claim - Garnishment of Money, Choses in Action or Personal Property.

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 exemption. Notice of the garnishment must be in writing and may be given by the plaintiff or garnishee, but must be served by the sheriff at least five days before any judgment of condemnation. No claim for exemptions shall exceed the greater of the amounts authorized by the Constitution of 1901, as amended, or required by provisions of federal law.
(Code 1876, §2842; Code 1886, §2533; Code 1896, §2059; Code 1907, §4186; Code 1923, §7908; Code 1940, T. 7, §651; Acts 1988, No. 88-294, p. 454, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-39 - Interposition of Homestead Claim or Other Exemptions and Defense of Contest Thereof by Spouse or Minor Children.

Section 6-10-39
Interposition of homestead claim or other exemptions and defense of contest thereof by spouse or minor children.
If a husband, wife or parent, entitled to a homestead or other exemption, absconds or abandons his or her family, leaves the state, is insane, is confined under a charge or conviction for felony or misdemeanor, or is under any other disability or inability, the spouse or, if there is no spouse, the minor child or children, residents of this state with the intention so to continue, shall be entitled to interpose any and all claims of homestead or other exemption which the husband, wife, or parent could have interposed; but the right to such exemptions shall continue only so long as the spouse and minor child or children, or either, shall remain bona fide residents of this state. In the event of the death of the husband, wife or parent pending any contest of a claim of homestead or other exemption, such contest may be revived in the name of the surviving spouse, if there is one, or, if there is none, in the name of the minor child or children, if there are such; but if neither a surviving spouse nor minor child is left surviving, the claim of exemption shall abate and the property ordered sold for the satisfaction of the process. No judgment of condemnation or sale shall be made under this section until the spouse or, if there is no spouse, the minor child, shall have had 20 days' written notice of the levy of the execution, to be served by the sheriff.
(Code 1876, §2837; Code 1886, §2537; Code 1896, §2063; Code 1907, §4190; Code 1923, §655; Code 1940, T. 7, §655.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-40 - Sale of Land and Separation of Homestead Interest From That of Alienee.

Section 6-10-40
Sale of land and separation of homestead interest from that of alienee.
When the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value and the husband or wife has aliened the same by deed, mortgage, or other conveyance without the voluntary signature and assent of the spouse, shown and acknowledged as required by law, the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or she fails to act, their minor child or children may, by filing a complaint, have the land sold and the homestead interest separated from that of the alienee.
(Code 1876, §2832; Code 1886, §2538; Code 1896, §2064; Code 1907, §4191; Code 1923, §7913; Code 1940, T. 7, §656; Acts 1980, No. 80-569, p. 879, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-41 - Effect of Leaving Homestead Temporarily or Leasing Same.

Section 6-10-41
Effect of leaving homestead temporarily or leasing same.
When a declaration of claim to a homestead exemption has been filed in the office of the judge of probate, leaving the homestead temporarily or a leasing of the same shall not operate an abandonment thereof or render it subject to levy and sale, but the right thereto shall remain the same as if the actual occupancy thereof had continued.
(Code 1876, §2843; Code 1886, §2539; Code 1896, §2065; Code 1907, §4192; Code 1923, §7914; Code 1940, T. 7, §657.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-42 - When No Action Lies Against Officer Levying on Exempt Property.

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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 1 - General Provisions. › Section 6-10-67 - Right to Use of Property Before Such Set aPart And to Commence or Defend Actions Thereon.

Section 6-10-67
Right to use of property before such set apart and to commence or defend actions thereon.
Before grant of administration and before the exempt property is set apart, the right of the surviving spouse and minor child or children, or either, to the use and benefit of such property shall be the same as if it had been set apart as exempt; and actions respecting the same may be commenced or defended by the surviving spouse or, if there is no surviving spouse, by the minor child, or children, as fully and to the same extent as if such property had been set apart as exempt from administration.
(Code 1886, §2564; Code 1896, §2076; Code 1907, §4203; Code 1923, §7925; Code 1940, T. 7, §668.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-81 - Appraisers - Duty to Set Apart Exempt Personal Property; Return of Report.

Section 6-10-81
Appraisers - Duty to set apart exempt personal property; return of report.
The appraisers, as early as practicable, shall set apart the exempt personal property, having regard, as far as consistent with their duties, to the selection made by the surviving spouse or the guardian of the minor child or children, if such selection is made; estimating it at its appraised value and permitting the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, the guardian of the minor child or children to select the same. Within 10 days thereafter, the appraisers shall return with the inventory and appraisement a report of the property so set apart, showing each item thereof and its appraised value.
(Code 1886, §2549; Code 1896, §2079; Code 1907, §4206; Code 1923, §7928; Code 1940, T. 7, §671; Acts 1982, No. 82-399, p. 578, §8-102.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-82 - Appraisers - Report of Homestead Appraisement.

Section 6-10-82
Appraisers - Report of homestead appraisement.
The appraisers shall also appraise the homestead of the decedent occupied by the decedent at the time of death or to which the decedent was then entitled, and they shall report the appraisement thereof when the inventory and appraisement of the personal property are returned, with a full and accurate description of the same.
(Code 1886, §2550; Code 1896, §2080; Code 1907, §4207; Code 1923, §7929; Code 1940, T. 7, §672; Acts 1982, No. 82-399, p. 578, §8-102.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-83 - Proceedings to Set Apart Homestead When Same Exceeds Value Allowed.

Section 6-10-83
Proceedings to set apart homestead when same exceeds value allowed.
When it appears from the report of the appraisers that the homestead exceeds in value $6,000, the probate court shall forthwith appoint three commissioners, who shall, as soon as practicable not exceeding 30 days after their appointment, set off and allot the homestead exempt, having regard to both the quality and value of the property and to the selection of the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, of the guardian of the minor child or children, if there is such guardian; and, within 10 days thereafter, the commissioners shall return to the court in writing the homestead set off and allotted by them.
(Code 1886, §2551; Code 1896, §2081; Code 1907, §4208; Code 1923, §7930; Code 1940, T. 7, §673; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-84 - Proceedings on Failure of Appraisers to Set Apart Exemptions or to Appraise Homestead.

Section 6-10-84
Proceedings on failure of appraisers to set apart exemptions or to appraise homestead.
If, for more than 20 days after the grant of administration, the appraisers should fail to set apart the personal property exempt in favor of the surviving spouse and minor child or children, or either, or to appraise the homestead or to make the report in reference to the homestead required in Section 6-10-82, then, upon the written application of the surviving spouse or of the guardian of the minor child or children, the probate court shall appoint three commissioners who shall, as soon as practicable thereafter not exceeding 30 days, set apart the personal property exempt and appraise the homestead in the manner required of the appraisers; and, if practicable, they shall also allot and set off the homestead exemption in the manner provided in Section 6-10-83. Within 10 days thereafter they shall report to the court in writing the personal property set apart, with the value of each item thereof, and the homestead allotted and set off, with a full and accurate description of the same. If the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value, thereby rendering it impracticable to allot and set it off, the commissioners shall report that fact.
(Code 1886, §2552; Code 1896, §2082; Code 1907, §4209; Code 1923, §7931; Code 1940, T. 7, §674; Acts 1951, No. 911, p. 1558, §1.)