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.
Structure Code of Alabama
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 6-10-21 - Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies.
Section 6-10-22 - Declaration of Claimed Exemptions - Fees for Filing, Etc.
Section 6-10-23 - Declaration of Claimed Exemptions - Effect as Evidence and Notice.
Section 6-10-24 - Declaration of Claimed Exemptions - Effect of Waiver or Contest.
Section 6-10-25 - Declaration of Claimed Exemptions - Contesting of Claims.
Section 6-10-26 - Claim of Exemption After Levy and Prior to Sale; Contesting of Such Claim.
Section 6-10-28 - Contest of Exemption Claim - Return of Levying Officer.
Section 6-10-30 - Contest of Exemption Claim - Trial of Issues.
Section 6-10-31 - Contest of Exemption Claim - Trial by Jury in Probate Court.
Section 6-10-32 - Contest of Exemption Claim - Judgment.
Section 6-10-33 - Contest of Exemption Claim - Proceedings When Claim of Personalty Found Excessive.
Section 6-10-40 - Sale of Land and Separation of Homestead Interest From That of Alienee.
Section 6-10-41 - Effect of Leaving Homestead Temporarily or Leasing Same.
Section 6-10-42 - When No Action Lies Against Officer Levying on Exempt Property.
Section 6-10-43 - Effect of Contest on Sale of Property and Lien Thereon.