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.
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.