Claim and Contest of Exemptions.

Ala. Code tit. 6, ch. 10, art. 1, div. 2

in effect

Ala. Code § 6-10-20 Declaration of Claimed Exemptions - Making and Filing.

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.)

Ala. Code § 6-10-21 Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies.

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.)

Ala. Code § 6-10-22 Declaration of Claimed Exemptions - Fees for Filing, Etc.

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.)

Ala. Code § 6-10-23 Declaration of Claimed Exemptions - Effect as Evidence and Notice.

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.)

Ala. Code § 6-10-24 Declaration of Claimed Exemptions - Effect of Waiver or Contest.

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.)

Ala. Code § 6-10-25 Declaration of Claimed Exemptions - Contesting of Claims.

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.)

Ala. Code § 6-10-26 Claim of Exemption After Levy and Prior to Sale; Contesting of Such Claim.

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.)

Ala. Code § 6-10-27 Contest of Exemption Claim - Delivery of Personalty to Defendant Upon Executing Bond; Proceedings When Bond Not Forthcoming.

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.)

Ala. Code § 6-10-28 Contest of Exemption Claim - Return of Levying Officer.

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.)

Ala. Code § 6-10-29 Contest of Exemption Claim - Filing of Inventory by Defendant; Effect of Failure to File.

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.)

Ala. Code § 6-10-30 Contest of Exemption Claim - Trial of Issues.

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.)

Ala. Code § 6-10-31 Contest of Exemption Claim - Trial by Jury in Probate Court.

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.)

Ala. Code § 6-10-32 Contest of Exemption Claim - Judgment.

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.)

Ala. Code § 6-10-33 Contest of Exemption Claim - Proceedings When Claim of Personalty Found Excessive.

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.)

Ala. Code § 6-10-34 Contest of Exemption Claim - Proceedings When Inventory Discloses Personalty Not Embraced by Claim of Exemption.

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.)

Ala. Code § 6-10-35 Contest of Exemption Claim - Tender of Issue by Plaintiff on Inventory Filed by Defendant; Determination Thereof.

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.)

Ala. Code § 6-10-36 Contest of Exemption Claim - Assessment of Value of Property and Damages Resulting from Detention on Bond; Judgment and Execution on Bond.

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.)

Ala. Code § 6-10-37 Contest of Exemption Claim - Garnishment of Money, Choses in Action or Personal Property.

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.)

Ala. Code § 6-10-38 Contest of Exemption Claim - Proceedings When Homestead Found to Exceed Value or Size Allowed.

6-10-38. Contest of Exemption Claim - Proceedings When Homestead Found to Exceed Value or Size Allowed. (a)(1) If, on the trial of a contest of a claim of homestead exemption, it is found that the homestead as claimed exceeds the value and size limits set forth in this article, the court shall immediately issue an order to the sheriff, returnable no later than 30 days from issuance, commanding him or her to summon three disinterested householders or freeholders of the county in which the homestead is located to serve as commissioners. These individuals, after having been sworn by the sheriff or an authorized officer to administer oaths to faithfully discharge their duty, if possible, shall set off and define, by metes and bounds, the homestead exempt from levy and sale under process, considering the quality and value of the real estate, the defendant’s selection, and the proximity to the dwelling, including the dwelling and appurtenances. The commissioners, as soon as practicable shall make a written report of the homestead they have allotted and set off, signed by them, to the sheriff who shall submit the report to the court issuing the order. The homestead, once allotted and set off, shall be released from the levy and the remaining land sold under the order of the court, unless the court finds good cause to set aside the commissioners’ report, in which event a new order to summon commissioners shall be issued. (2) If the individuals summoned to serve as commissioners fail to act, the sheriff shall summon others to fill their places. (b) If the homestead, after being reduced to its smallest practical size, still exceeds the value exemption limits set forth in this article thereby rendering it impracticable to allot and set the parcel off under this section, the commissioners shall make a report to the sheriff. The sheriff shall then proceed, as in other cases, to advertise and offer the property for sale. If, at the sale, he or she receives a bid exceeding the value limits set forth in this article, he or she shall sell the property, and an amount equal to the exemption allowed under this article shall be paid to the defendant, divided between the spouses if a husband and wife have both claimed the exemption, or paid into the court in lieu of the homestead. The excess shall be applied to the satisfaction of the debt. If there are no bids in excess of the exemption allowed under this article, the sheriff shall discharge the levy at the plaintiff’s cost and return the process. Subsequently, no process issued to enforce the plaintiff’s demand shall be levied on such homestead so long as it continues as a homestead, except by a written demand of the plaintiff accompanied by an offer in writing to purchase the homestead for an amount exceeding the exemption allowed under this article. This offer must state the amount and, at the election of the defendant, shall be binding on the plaintiff. (c) When a sale is made under subsection (b) and any defendant dies before receiving his or her homestead exemption payment, the payment shall be paid to his or her personal representative, who shall receive and hold the exemption payment subject to the homestead rights of the defendant’s surviving spouse and minor child or children, or either. If there is no surviving spouse or minor children, the personal representative shall first apply the exemption payment to the payment of the debt and the balance he or she shall administer as personal assets of the estate. (Code 1876, §2832; Code 1886, §§2534-2536; Code 1896, §§2060-2062; Code 1907, §§4187-4189; Code 1923, §§7909-7911; Code 1940, T. 7, §§652-654; Acts 1980, No. 80-569, p. 879, §5; Act 2026-203, §2.)

Ala. Code § 6-10-39 Interposition of Homestead Claim or Other Exemptions and Defense of Contest Thereof by Spouse or Minor Children.

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.)

Ala. Code § 6-10-40 Sale of Land and Separation of Homestead Interest from That of Tranferee.

6-10-40. Sale of Land and Separation of Homestead Interest from That of Tranferee. When the homestead, after being reduced to the lowest practical area, exceeds the exemption amount allowed under this article and the husband or wife has transferred the property by deed, mortgage, or other conveyance without the spouse’s voluntary signature and legal acknowledgment, the transferor, the spouse, or their minor child or children may file a complaint to have the land sold and the homestead interest separated from that of the transferee. (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; Act 2026-203, §2.)

Ala. Code § 6-10-41 Effect of Leaving Homestead Temporarily or Leasing Same.

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.)

Ala. Code § 6-10-42 When No Action Lies Against Officer Levying on Exempt Property.

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.)

Ala. Code § 6-10-43 Effect of Contest on Sale of Property and Lien Thereon.

6-10-43. Effect of Contest on Sale of Property and Lien Thereon. When a contest of a claim of exemption has been instituted, the property in contest shall not be sold by the officer until the contest is decided, but the lien thereon under the process or levy shall not be destroyed or impaired by the pendency of the contest. (Code 1876, §2835; Code 1886, §2541; Code 1896, §2067; Code 1907, §4194; Code 1923, §7916, Code 1940, T. 7, §659.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026