§ 6-10-20 Declaration of claimed exemptions – Making and filing
§ 6-10-21 Declaration of claimed exemptions – Recordation; receipt; certified copies
§ 6-10-22 Declaration of claimed exemptions – Fees for filing, etc
§ 6-10-23 Declaration of claimed exemptions – Effect as evidence and notice
§ 6-10-24 Declaration of claimed exemptions – Effect of waiver or contest
§ 6-10-25 Declaration of claimed exemptions – Contesting of claims
§ 6-10-26 Claim of exemption after levy and prior to sale; contesting of such claim
§ 6-10-27 Contest of exemption claim – Delivery of personalty to defendant upon executing bond; proceedings when bond not forthcoming
§ 6-10-28 Contest of exemption claim – Return of levying officer
§ 6-10-29 Contest of exemption claim – Filing of inventory by defendant; effect of failure to file
§ 6-10-30 Contest of exemption claim – Trial of issues
§ 6-10-31 Contest of exemption claim – Trial by jury in probate court
§ 6-10-32 Contest of exemption claim – Judgment
§ 6-10-33 Contest of exemption claim – Proceedings when claim of personalty found excessive
§ 6-10-34 Contest of exemption claim – Proceedings when inventory discloses personalty not embraced by claim of exemption
§ 6-10-35 Contest of exemption claim – Tender of issue by plaintiff on inventory filed by defendant; determination thereof
§ 6-10-36 Contest of exemption claim – Assessment of value of property and damages resulting from detention on bond; judgment and execution on bond
§ 6-10-37 Contest of exemption claim – Garnishment of money, choses in action or personal property
§ 6-10-38 Contest of exemption claim – Proceedings when homestead found to exceed value or area allowed
§ 6-10-39 Interposition of homestead claim or other exemptions and defense of contest thereof by spouse or minor children
§ 6-10-40 Sale of land and separation of homestead interest from that of alienee
§ 6-10-41 Effect of leaving homestead temporarily or leasing same
§ 6-10-42 When no action lies against officer levying on exempt property
§ 6-10-43 Effect of contest on sale of property and lien thereon

Terms Used In Alabama Code > Title 6 > Chapter 10 > Article 1 > Division 2 - Claim and Contest of Exemptions

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: means next after. See Alabama Code 1-1-1
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • month: means a calendar month. See Alabama Code 1-1-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Personal property: All property that is not real property.
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Statute: A law passed by a legislature.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • Verdict: The decision of a petit jury or a judge.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1