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.
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.