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.
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.