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https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-251/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-251 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-251 - Definitions. | Section 6-9-251
Definitions.
In this article:
(1) "Foreign country" means a government other than:
a. the United States;
b. a state, district, commonwealth, territory, or insular possession of the United States; or
c. any other government with regard to which the decision in this state as to whether to recognize a judg... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-252/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-252 - Applicability of Article. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-252 - Applicability of Article. | Section 6-9-252
Applicability of article.
(a) Except as otherwise provided in subsection (b), this article applies to a foreign-country judgment to the extent that the judgment:
(1) grants or denies recovery of a sum of money; and
(2) under the law of the foreign country where rendered, is final, conclusive, and enforc... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-253/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-253 - Recognition of Foreign-Country Judgments. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-253 - Recognition of Foreign-Country Judgments. | Section 6-9-253
Recognition of foreign-country judgments.
(a) Except as otherwise provided in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this article applies.
(b) A court of this state shall not recognize a foreign-country judgment if:
(1) the judgment was rendere... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-254/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-254 - Lack of Personal Jurisdiction; Recognition Sought. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-254 - Lack of Personal Jurisdiction; Recognition Sought. | Section 6-9-254
Lack of personal jurisdiction; recognition sought.
(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(1) the defendant was served with process personally in the foreign country;
(2) the defendant voluntarily appeared in the proceeding, other than for the... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-255/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-255 - Action Seeking Recognition of Foreign-Country Judgment. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-255 - Action Seeking Recognition of Foreign-Country Judgment. | Section 6-9-255
Action seeking recognition of foreign-country judgment.
(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
(b) If recognition of a foreign-country judgment is ... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-256/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-256 - Judgment Conclusive and Enforceable. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-256 - Judgment Conclusive and Enforceable. | Section 6-9-256
Judgment conclusive and enforceable.
If the court in a proceeding under Section 6-9-255 finds that the foreign-country judgment is entitled to recognition under this article, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment i... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-257/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-257 - Stay of Proceedings on Appeal. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-257 - Stay of Proceedings on Appeal. | Section 6-9-257
Stay of proceedings on appeal.
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-258/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-258 - Commencement of Action. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-258 - Commencement of Action. | Section 6-9-258
Commencement of action.
An action to recognize a foreign-country judgment must be commenced within the later of the time during which the foreign-country judgment is effective in the foreign country or 5 years from the date that the foreign-country judgment became final, conclusive, and enforceable in t... |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-259/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-259 - Construction and Application of Article. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-259 - Construction and Application of Article. | Section 6-9-259
Construction and application of article.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2012-470, p. 1296, §10.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-260/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-260 - Comity. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-260 - Comity. | Section 6-9-260
Comity.
This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article.
(Act 2012-470, p. 1296, §11.) |
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-261/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-261 - Date of Commencement. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-261 - Date of Commencement. | Section 6-9-261
Date of commencement.
This article applies to all actions commenced on or after January 1, 2013, in which the issue of recognition of a foreign-country judgment is raised.
(Act 2012-470, p. 1296, §12.) |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-1 - Law Governing Exemptions and Claims. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-1 - Law Governing Exemptions and Claims. | Section 6-10-1
Law governing exemptions and claims.
The right of homestead or other exemption shall be governed by the law in force when the debt or demand was created, but the mode or remedy for asserting, ascertaining, contesting, and determining claims thereto shall be as prescribed in this chapter.
(Code 1876, §284... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-2 - Homestead Exemption - Amount; Area. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-2 - Homestead Exemption - Amount; Area. | Section 6-10-2
Homestead exemption - Amount; area.
The homestead of every resident of this state, with the improvements and appurtenances, not exceeding in value fifteen thousand dollars ($15,000) and in area 160 acres, shall be, to the extent of any interest he or she may have therein, whether a fee or less estate or ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-3 - Homestead Exemption - Alienation by Married Person. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-3 - Homestead Exemption - Alienation by Married Person. | Section 6-10-3
Homestead exemption - Alienation by married person.
No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take acknow... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-4 - Homestead Exemption - Liens Not Affected. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-4 - Homestead Exemption - Liens Not Affected. | Section 6-10-4
Homestead exemption - Liens not affected.
The provisions of this article shall not, however, be so construed as to prevent any lien attaching to the homestead in favor of any laborer, merchant, or materialman for work and labor done or for materials furnished, or in favor of any vendor for unpaid purchas... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-5 - Burial Place and Church Pew or Seat. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-5 - Burial Place and Church Pew or Seat. | Section 6-10-5
Burial place and church pew or seat.
In favor of any resident of this state, there shall also be exempt from levy and sale, under execution or other process, any lot or lots in cemeteries or elsewhere, set apart or used as a burial place for himself or herself or family and any pew or seat in any church ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-6 - Personalty. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-6 - Personalty. | Section 6-10-6
Personalty.
The personal property of such resident, except for wages, salaries, or other compensation, to the extent of the resident's interest therein, to the amount of seven thousand five hundred dollars ($7,500) in value, to be selected by him or her, and, in addition thereto, all necessary and proper... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-6-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-6.1 - Exclusions From Personal Property. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-6.1 - Exclusions From Personal Property. | Section 6-10-6.1
Exclusions from personal property.
(a) Wages, salaries, or other compensation of a resident are not personal property for the purposes of exemption from garnishment, levy, sale under execution, or other process for the collection of debt.
(b) It is the intent of this section to exclude from the meaning... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-7 - Wages, Salaries, or Other Compensation of Laborers or Employees for Personal Servic... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-7 - Wages, Salaries, or Other Compensation of Laborers or Employees for Personal Services. | Section 6-10-7
Wages, salaries, or other compensation of laborers or employees for personal services.
(a) The wages, salaries, or other compensation of laborers or employees, residents of this state, for personal services, shall be exempt from levy under writs of garnishment or other process for the collection of debts... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-8 - Rights of Beneficiaries and Assignees Under Life Insurance Policies. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-8 - Rights of Beneficiaries and Assignees Under Life Insurance Policies. | Section 6-10-8
Rights of beneficiaries and assignees under life insurance policies.
If a policy of insurance, whether heretofore or hereafter issued, is effected by any person on his or her own life or on another life in favor of a person other than himself or herself or, except in cases of transfer with intent to defr... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-9 - Partnership Property. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-9 - Partnership Property. | Section 6-10-9
Partnership property.
No property, real or personal, held or owned by partners as partnership property or purchased with partnership funds for partnership purposes shall be the subject of homestead or other exemption as against copartners or partnership creditors.
(Code 1876, §2820; Code 1886, §2513; Cod... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-10 - County and Municipal Property. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-10 - County and Municipal Property. | Section 6-10-10
County and municipal property.
All property, real or personal, belonging to the several counties or municipal corporations in this state and used for county or municipal purposes shall be exempt from levy and sale under any process or judgment whatsoever.
(Code 1876, §2845; Code 1886, §2514; Code 1896, ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-11 - Exemptions in Federal Bankruptcy. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-11 - Exemptions in Federal Bankruptcy. | Section 6-10-11
Exemptions in federal bankruptcy.
In cases instituted under the provisions of Title 11 of the United States Code entitled Bankruptcy, there shall be exempt from the property of the estate of an individual debtor only that property and income which is exempt under the laws of the State of Alabama and und... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-12 - Adjustments to Exemption Values. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-12 - Adjustments to Exemption Values. | Section 6-10-12
Adjustments to exemption values.
On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulativ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›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. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › 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 6-10-20
Declaration of claimed exemptions - Making and filing.
Any resident of this state entitled to, and desiring to, claim a homestead or other exemption from levy and sale under execution or other process may, at any time, make and file in the office of the probate judge of the county in which the property ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-21 - Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-21 - Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies. | Section 6-10-21
Declaration of claimed exemptions - Recordation; receipt; certified copies.
Such declarations of claims of exemptions shall be recorded in a separate book, kept for that purpose, and the probate judge, on request, shall give a receipt therefor and shall furnish a certified copy thereof, when requested, ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-22 - Declaration of Claimed Exemptions - Fees for Filing, Etc. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-22 - Declaration of Claimed Exemptions - Fees for Filing, Etc. | Section 6-10-22
Declaration of claimed exemptions - Fees for filing, etc.
The fees for filing, recording, copying, and certifying such declarations shall be the same as are allowed by law for filing, recording, copying, and certifying deeds.
(Code 1876, §2829; Code 1886, §2518; Code 1896, §2044; Code 1907, §4171; Code ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-23/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-23 - Declaration of Claimed Exemptions - Effect as Evidence and Notice. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-23 - Declaration of Claimed Exemptions - Effect as Evidence and Notice. | Section 6-10-23
Declaration of claimed exemptions - Effect as evidence and notice.
After the filing of such declaration, the claim of exemption therein asserted shall be taken and considered as prima facie correct, and the filing thereof shall operate as notice of its contents.
(Code 1876, §§2828, 2831; Code 1886, §251... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-24/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-24 - Declaration of Claimed Exemptions - Effect of Waiver or Contest. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-24 - Declaration of Claimed Exemptions - Effect of Waiver or Contest. | Section 6-10-24
Declaration of claimed exemptions - Effect of waiver or contest.
After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of property on ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-25/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-25 - Declaration of Claimed Exemptions - Contesting of Claims. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-25 - Declaration of Claimed Exemptions - Contesting of Claims. | Section 6-10-25
Declaration of claimed exemptions - Contesting of claims.
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... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-26/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-26 - Claim of Exemption After Levy and Prior to Sale; Contesting of Such Claim. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-26 - Claim of Exemption After Levy and Prior to Sale; Contesting of Such Claim. | Section 6-10-26
Claim of exemption after levy and prior to sale; contesting of such claim.
The right of homestead or other exemption shall not be waived or lost by a failure, before the levy of process, to file for record a declaration claiming the same; but the defendant, in person or by his or her agent or attorney, ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-27/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-27 - Contest of Exemption Claim - Delivery of Personalty to Defendant Upon Execu... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-27 - Contest of Exemption Claim - Delivery of Personalty to Defendant Upon Executing Bond; Proceedings When Bond Not Forth... | Section 6-10-27
Contest of exemption claim - Delivery of personalty to defendant upon executing bond; proceedings when bond not forthcoming.
(a) When any contest of a claim of exemption to personal property has been instituted, the defendant claiming the exemption may, within five days after service of notice of the co... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-28/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-28 - Contest of Exemption Claim - Return of Levying Officer. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-28 - Contest of Exemption Claim - Return of Levying Officer. | Section 6-10-28
Contest of exemption claim - Return of levying officer.
In case of such contest, the officer making the levy must, within 15 days after the institution of the contest, return the process and other papers to the court to which the process is returnable, accompanied with a full statement of the facts.
(Co... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-29/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-29 - Contest of Exemption Claim - Filing of Inventory by Defendant; Effect of Fa... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-29 - Contest of Exemption Claim - Filing of Inventory by Defendant; Effect of Failure to File. | Section 6-10-29
Contest of exemption claim - Filing of inventory by defendant; effect of failure to file.
On any contest of a claim of exemption to personal property, on the plaintiff's written demand, made at any time, the defendant claiming the exemption shall, within 10 days, file a full and complete inventory, duly... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-30/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-30 - Contest of Exemption Claim - Trial of Issues. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-30 - Contest of Exemption Claim - Trial of Issues. | Section 6-10-30
Contest of exemption claim - Trial of issues.
The contest of any claim of exemptions shall be a preferred case, and after the return of the process, if both parties appear, an issue or issues shall be formed under the direction of the court as to whether the property in contest, or any and what part of ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-31/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-31 - Contest of Exemption Claim - Trial by Jury in Probate Court. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-31 - Contest of Exemption Claim - Trial by Jury in Probate Court. | Section 6-10-31
Contest of exemption claim - Trial by jury in probate court.
When a contest of a claim of exemption is triable in the probate court, either party shall be entitled to a trial by jury on demand therefor, made by the contestant at the time of filing the contest and by the contestee within 10 days after no... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-32/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-32 - Contest of Exemption Claim - Judgment. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-32 - Contest of Exemption Claim - Judgment. | Section 6-10-32
Contest of exemption claim - Judgment.
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 defe... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-33/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-33 - Contest of Exemption Claim - Proceedings When Claim of Personalty Found Exc... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-33 - Contest of Exemption Claim - Proceedings When Claim of Personalty Found Excessive. | Section 6-10-33
Contest of exemption claim - Proceedings when claim of personalty found excessive.
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 cour... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-34/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-34 - Contest of Exemption Claim - Proceedings When Inventory Discloses Personalt... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-34 - Contest of Exemption Claim - Proceedings When Inventory Discloses Personalty Not Embraced by Claim of Exemption. | Section 6-10-34
Contest of exemption claim - Proceedings when inventory discloses personalty not embraced by claim of exemption.
When, on a contest of a claim of exemption to personal property, an inventory filed by the defendant on the plaintiff's demand discloses other personal property owned by the defendant and sub... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-35/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-35 - Contest of Exemption Claim - Tender of Issue by Plaintiff on Inventory File... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-35 - Contest of Exemption Claim - Tender of Issue by Plaintiff on Inventory Filed by Defendant; Determination Thereof. | Section 6-10-35
Contest of exemption claim - Tender of issue by plaintiff on inventory filed by defendant; determination thereof.
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... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-36/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-36 - Contest of Exemption Claim - Assessment of Value of Property and Damages Re... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-36 - Contest of Exemption Claim - Assessment of Value of Property and Damages Resulting From Detention on Bond; Judgment a... | Section 6-10-36
Contest of exemption claim - Assessment of value of property and damages resulting from detention on bond; judgment and execution on bond.
When bond has been executed by the plaintiff or defendant for the forthcoming of the property in contest, the value of the property, and the damages resulting from i... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-37/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-37 - Contest of Exemption Claim - Garnishment of Money, Choses in Action or Pers... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-37 - Contest of Exemption Claim - Garnishment of Money, Choses in Action or Personal Property. | Section 6-10-37
Contest of exemption claim - Garnishment of money, choses in action or personal property.
When money, choses in action or personal property are garnished and the defendant claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing, verified by oath, in the court in which... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-38/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-38 - Contest of Exemption Claim - Proceedings When Homestead Found to Exceed Val... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-38 - Contest of Exemption Claim - Proceedings When Homestead Found to Exceed Value or Area Allowed. | Section 6-10-38
Contest of exemption claim - Proceedings when homestead found to exceed value or area allowed.
(a) If, on the trial of a contest of a claim of homestead exemption, it is found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have both claimed the exemption to which each is... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-39/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-39 - Interposition of Homestead Claim or Other Exemptions and Defense of Contest... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-39 - Interposition of Homestead Claim or Other Exemptions and Defense of Contest Thereof by Spouse or Minor Children. | Section 6-10-39
Interposition of homestead claim or other exemptions and defense of contest thereof by spouse or minor children.
If a husband, wife or parent, entitled to a homestead or other exemption, absconds or abandons his or her family, leaves the state, is insane, is confined under a charge or conviction for fel... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-40/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-40 - Sale of Land and Separation of Homestead Interest From That of Alienee. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-40 - Sale of Land and Separation of Homestead Interest From That of Alienee. | Section 6-10-40
Sale of land and separation of homestead interest from that of alienee.
When the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value and the husband or wife has aliened the same by deed, mortgage, or other conveyance without the voluntary signature and assent of the sp... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-41/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-41 - Effect of Leaving Homestead Temporarily or Leasing Same. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-41 - Effect of Leaving Homestead Temporarily or Leasing Same. | Section 6-10-41
Effect of leaving homestead temporarily or leasing same.
When a declaration of claim to a homestead exemption has been filed in the office of the judge of probate, leaving the homestead temporarily or a leasing of the same shall not operate an abandonment thereof or render it subject to levy and sale, b... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-42/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-42 - When No Action Lies Against Officer Levying on Exempt Property. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-42 - When No Action Lies Against Officer Levying on Exempt Property. | Section 6-10-42
When no action lies against officer levying on exempt property.
If no declaration of claim of exemption has been filed in the office of the judge of probate or if so filed and the same is contested, no action shall lie against the officer levying the process on the ground that the property levied on is ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-1/section-6-10-67/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 1 - General Provisions.›Section 6-10-67 - Right to Use of Property Before Such Set aPart And to Commence or Defend Actions... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 1 - General Provisions. › Section 6-10-67 - Right to Use of Property Before Such Set aPart And to Commence or Defend Actions Thereon. | Section 6-10-67
Right to use of property before such set apart and to commence or defend actions thereon.
Before grant of administration and before the exempt property is set apart, the right of the surviving spouse and minor child or children, or either, to the use and benefit of such property shall be the same as if ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-81/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-81 - Appraisers - Duty to Set Apart Exem... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-81 - Appraisers - Duty to Set Apart Exempt Personal Property; Return of Report. | Section 6-10-81
Appraisers - Duty to set apart exempt personal property; return of report.
The appraisers, as early as practicable, shall set apart the exempt personal property, having regard, as far as consistent with their duties, to the selection made by the surviving spouse or the guardian of the minor child or chi... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-82/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-82 - Appraisers - Report of Homestead Ap... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-82 - Appraisers - Report of Homestead Appraisement. | Section 6-10-82
Appraisers - Report of homestead appraisement.
The appraisers shall also appraise the homestead of the decedent occupied by the decedent at the time of death or to which the decedent was then entitled, and they shall report the appraisement thereof when the inventory and appraisement of the personal pro... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-83/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-83 - Proceedings to Set Apart Homestead ... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-83 - Proceedings to Set Apart Homestead When Same Exceeds Value Allowed. | Section 6-10-83
Proceedings to set apart homestead when same exceeds value allowed.
When it appears from the report of the appraisers that the homestead exceeds in value $6,000, the probate court shall forthwith appoint three commissioners, who shall, as soon as practicable not exceeding 30 days after their appointment... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-84/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-84 - Proceedings on Failure of Appraiser... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-84 - Proceedings on Failure of Appraisers to Set Apart Exemptions or to Appraise H... | Section 6-10-84
Proceedings on failure of appraisers to set apart exemptions or to appraise homestead.
If, for more than 20 days after the grant of administration, the appraisers should fail to set apart the personal property exempt in favor of the surviving spouse and minor child or children, or either, or to appraise... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-85/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-85 - How Exemption in Lieu of Homestead ... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-85 - How Exemption in Lieu of Homestead Claimed and Set Apart. | Section 6-10-85
How exemption in lieu of homestead claimed and set apart.
When an exemption of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing, duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child or children, or either, as the case may ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-86/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-86 - Report of Appraisers or Commissione... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-86 - Report of Appraisers or Commissioners - Exceptions; Notice of Time Set for He... | Section 6-10-86
Report of appraisers or commissioners - Exceptions; notice of time set for hearing thereon.
When any homestead or other exemption has been allotted or set apart by the appraisers or by commissioners, the personal representative, surviving spouse, minor child or children, or other person in interest feel... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-87/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-87 - Report of Appraisers or Commissione... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-87 - Report of Appraisers or Commissioners - Notice to Next of Kin of Decedent of ... | Section 6-10-87
Report of appraisers or commissioners - Notice to next of kin of decedent of date set for hearing of report on exemptions.
In all cases where exemptions of real or personal property have been reported by appraisers or commissioners to the surviving spouse and minor child or children, or either, it shall... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-88/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-88 - Report of Appraisers or Commissione... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-88 - Report of Appraisers or Commissioners - Hearing and Determination on Exceptio... | Section 6-10-88
Report of appraisers or commissioners - Hearing and determination on exceptions; proceedings when exemption of personalty excessive or insufficient.
(a) On the day fixed for the hearing of such exceptions, an issue shall be made up under the direction of the court and the same shall be tried as other is... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-89/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-89 - Report of Appraisers or Commissione... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-89 - Report of Appraisers or Commissioners - Proceedings When Report Set Aside. | Section 6-10-89
Report of appraisers or commissioners - Proceedings when report set aside.
If the report is set aside, the court must appoint three commissioners who shall allot and set apart such exemptions and report the same to the court under the provisions of this division, when the same proceedings may be had as ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-90/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-90 - Report of Appraisers or Commissione... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-90 - Report of Appraisers or Commissioners - Taxation of Cost on Exceptions Being ... | Section 6-10-90
Report of appraisers or commissioners - Taxation of cost on exceptions being filed.
If the exceptions are filed by the surviving spouse or on behalf of the minor child or children and are not sustained, the costs shall be taxed against the surviving spouse or the next friend of the child or children, or... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-91/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-91 - Report of Appraisers or Commissione... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-91 - Report of Appraisers or Commissioners - Appeal From Decree on Exceptions. | Section 6-10-91
Report of appraisers or commissioners - Appeal from decree on exceptions.
From the decree of the probate court pronounced on such exceptions, either party feeling aggrieved may within 42 days appeal to the supreme court by filing a notice of appeal with the probate court. Such appeal shall be taken in a... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-92/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-92 - Exceptions to Report of Appraisers ... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-92 - Exceptions to Report of Appraisers That Homestead Does Not Exceed Allowance. | Section 6-10-92
Exceptions to report of appraisers that homestead does not exceed allowance.
When the report of the appraisers shows that the homestead does not exceed in value $6,000, exceptions may be filed thereto by the personal representative or other person in adverse interest; and, if such exceptions are filed, ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-93/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-93 - Confirmation of Reports When No Exc... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-93 - Confirmation of Reports When No Exceptions Filed. | Section 6-10-93
Confirmation of reports when no exceptions filed.
If no exceptions are filed to the report of the appraisers under the provisions of this division or to the report allotting or setting apart any homestead or other exemption within the time allowed for filing such exceptions, a decree must be entered con... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-94/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-94 - Reduced Homestead Incapable of Allo... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-94 - Reduced Homestead Incapable of Allotment - Possession by Surviving Spouse and... | Section 6-10-94
Reduced homestead incapable of allotment - Possession by surviving spouse and minor children until sold, etc.
When the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value and no exemption in lieu of homestead has been obtained, the surviving spouse and minor chil... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-95/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-95 - Reduced Homestead Incapable of Allo... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-95 - Reduced Homestead Incapable of Allotment - Sale - When Allowed. | Section 6-10-95
Reduced homestead incapable of allotment - Sale - When allowed.
The homestead of a decedent may be sold by order of the court having jurisdiction of the estate, on petition of executor or administrator, when the same, after being reduced to its lowest area, exceeds $6,000 in value and when it is necessa... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-96/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-96 - Reduced Homestead Incapable of Allo... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-96 - Reduced Homestead Incapable of Allotment - Sale - Proof of Facts; Order and N... | Section 6-10-96
Reduced homestead incapable of allotment - Sale - Proof of facts; order and notice; terms; application of proceeds.
The facts stated in the application to sell the homestead for setting apart of exemptions may be proved by the oral testimony of witnesses or by the records of the probate court, and if th... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-97/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-97 - Reduced Homestead Incapable of Allo... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-97 - Reduced Homestead Incapable of Allotment - Sale - Proceedings When No Bid in ... | Section 6-10-97
Reduced homestead incapable of allotment - Sale - Proceedings when no bid in excess of $6,000 received.
(a) If, at such sale or any subsequent sale, no bid in excess of $6,000 is received, the representative must report that fact to the court; and thereupon the court must make an order directing the rep... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-98/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-98 - Reduced Homestead Incapable of Allo... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-98 - Reduced Homestead Incapable of Allotment - Sale - Purchase by Persons Entitle... | Section 6-10-98
Reduced homestead incapable of allotment - Sale - Purchase by persons entitled to homestead exemption.
When the purchase of such homestead is by or on behalf of the persons entitled to the homestead exemptions, the sum of $6,000 need not be actually paid to the representative, but, if the sale is confir... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-99/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-99 - Payment by Devisees to Clear Proper... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-99 - Payment by Devisees to Clear Property of Homestead Right. | Section 6-10-99
Payment by devisees to clear property of homestead right.
Where a homestead right exists in property devised by will, the person or persons to whom said property is devised may clear the said property of such homestead right by paying to the personal representative, in lieu of such right, the sum of $6,... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-100/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-100 - Proceedings to Set Apart Exemption... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-100 - Proceedings to Set Apart Exemptions When Administration Not Granted on Deced... | Section 6-10-100
Proceedings to set apart exemptions when administration not granted on decedent's estate within 60 days after death - Generally.
(a) When the property, real or personal, owned by a decedent at the time of his death does not exceed in amount and value the exemption allowed in favor of his or her survivi... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-101/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-101 - Proceedings to Set Apart Exemption... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-101 - Proceedings to Set Apart Exemptions When Administration Not Granted on Deced... | Section 6-10-101
Proceedings to set apart exemptions when administration not granted on decedent's estate within 60 days after death - Vesting of title to real property in surviving spouse and minors and right to possession thereof.
If no exceptions are filed and sustained to such report of the commissioners setting ap... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-102/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-102 - Effect of Removal From Homestead. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-102 - Effect of Removal From Homestead. | Section 6-10-102
Effect of removal from homestead.
When homestead exemption has been allotted to the surviving spouse and minor child or children, or either, under any of the provisions of this division, they shall not be held to have abandoned or forfeited the same by a removal therefrom.
(Code 1896, §2101; Code 1907,... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-103/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-103 - Commissioners - Qualifications; Oa... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-103 - Commissioners - Qualifications; Oath. | Section 6-10-103
Commissioners - Qualifications; oath.
Commissioners appointed to allot or set apart homestead or other exemptions under this division must be disinterested householders or freeholders of the county and, before executing their commission, must be sworn by some officer authorized to administer oaths, or ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-104/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-104 - Commissioners - Compensation. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-104 - Commissioners - Compensation. | Section 6-10-104
Commissioners - Compensation.
Commissioners appointed under the provisions of this division shall be entitled to compensation for their services at the rate of $2 per day during the time they are actually engaged.
(Code 1886, §2566; Code 1896, §2103; Code 1907, §4230; Code 1923, §7954; Code 1940, T. 7,... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-105/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-105 - Recordation of Judgments Allotting... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-105 - Recordation of Judgments Allotting Homestead Exemptions; Fee Therefor. | Section 6-10-105
Recordation of judgments allotting homestead exemptions; fee therefor.
All judgments or decrees allotting homestead exemptions to surviving spouses and minors may be recorded in the probate office as other deeds and conveyances are recorded and in the books of record for recording deeds, so as to show ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-106/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-106 - Proceedings to Set Aside Exemption... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-106 - Proceedings to Set Aside Exemptions When Husband, Wife, or Parent Absent Sev... | Section 6-10-106
Proceedings to set aside exemptions when husband, wife, or parent absent seven years and residence not ascertainable - Generally.
(a) When the real and personal property owned by an absent husband, wife, or parent who has not been heard from and whose residence has been unknown for seven years and whos... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-107/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-107 - Proceedings to Set Aside Exemption... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-107 - Proceedings to Set Aside Exemptions When Husband, Wife or Parent Absent Seve... | Section 6-10-107
Proceedings to set aside exemptions when husband, wife or parent absent seven years and residence not ascertainable - Vesting for life of title to property in deserted spouse or minors.
If no exceptions are filed and sustained to such report of the commissioners setting apart exemptions and it is deter... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-120/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-120 - Right to Waive. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-120 - Right to Waive. | Section 6-10-120
Right to waive.
Any person, by an instrument in writing, may waive his or her right to an exemption in any property exempt from levy and sale under execution or other process.
(Code 1876, §2846; Code 1886, §2567; Code 1896, §2104; Code 1907, §4231; Code 1923, §7960; Code 1940, T. 7, §706.) |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-121/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-121 - How Made - Personalty. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-121 - How Made - Personalty. | Section 6-10-121
How made - Personalty.
As to personal property, the waiver may be made by a separate instrument in writing, subscribed by the party making the same, or it may be included in any bond, bill of exchange, promissory note, or other written contract executed by him or her.
(Code 1876, §§2847, 2848; Code 188... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-122/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-122 - How Made - Homestead. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-122 - How Made - Homestead. | Section 6-10-122
How made - Homestead.
As to the homestead, the waiver must be by a separate instrument in writing, subscribed by the party making the same and attested by one witness. If such party is a married man, such waiver shall not be valid without the voluntary signature and assent of the wife and acknowledgmen... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-123/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-123 - Enforcement in Action. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-123 - Enforcement in Action. | Section 6-10-123
Enforcement in action.
In any civil action, in which a waiver of the right of homestead or other exemption is sought to be enforced, the fact of waiver and its extent must be averred in the complaint or petition and by appropriate pleading may be controverted. If such averment is sustained, the fact of... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-124/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-124 - Attachment - Endorsement on Writ. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-124 - Attachment - Endorsement on Writ. | Section 6-10-124
Attachment - Endorsement on writ.
When such action is commenced by attachment or, in aid thereof, an ancillary attachment is sued out, the officer issuing the writ of the plaintiff, in person or by his agent or attorney, producing before him the written evidence of the waiver or making and filing with ... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-125/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-125 - Attachment - Proceedings When Waiver Not Sustained. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-125 - Attachment - Proceedings When Waiver Not Sustained. | Section 6-10-125
Attachment - Proceedings when waiver not sustained.
When such attachment is levied on property embraced in a declaration of claim of exemption which has been filed for record, or subsequent to the levy a claim to such property as exempt is interposed, if, on the trial, the averment of waiver is not sus... |
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-126/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-126 - Exceptions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-126 - Exceptions. | Section 6-10-126
Exceptions.
(a) No waiver of exemption in any written instrument shall be held to apply to or include or authorize the levy of an execution or attachment on any of the following property for any debt contracted:
(1) Cooking utensils, cooking stoves, table, tableware, chairs, bed and bed clothing in act... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-1 - Damages Assessed by Factfinder to Be Itemized; Future Damages Not to Be Reduced to... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-1 - Damages Assessed by Factfinder to Be Itemized; Future Damages Not to Be Reduced to Present Value. | Section 6-11-1
Damages assessed by factfinder to be itemized; future damages not to be reduced to present value.
In any civil action based upon tort and any action for personal injury based upon breach of warranty, except actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, the damages assessed by the f... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-2 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-2 - Definitions. | Section 6-11-2
Definitions.
For purposes of this article, the following definitions shall apply:
(1) PAST DAMAGES. Damages and losses suffered or incurred prior to the date of judgment.
(2) FUTURE DAMAGES. Damages and losses reasonably anticipated to be suffered or incurred following the date of judgment.
As used herei... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-3 - Future Damages; Requirements if Damages Greater Than $150,000; Attorney's Fees; Per... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-3 - Future Damages; Requirements if Damages Greater Than $150,000; Attorney's Fees; Periodic Payments Over Period of Years; Specific Findings; Evidence of Financial Ability to Make Payments; Evidenc... | Section 6-11-3
Future damages; requirements if damages greater than $150,000; attorney's fees; periodic payments over period of years; specific findings; evidence of financial ability to make payments; evidence of present value inadmissible.
Where the damages assessed against a defendant by the trier of fact include an... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-4 - Requirements When Judgment Structured; Termination. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-4 - Requirements When Judgment Structured; Termination. | Section 6-11-4
Requirements when judgment structured; termination.
Where a judgment is structured pursuant to Section 6-11-3 above, the following shall apply:
(1) Should the judgment creditor die before the final installment is paid, the remaining payments shall be made to the estate of the decedent, or as otherwise di... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-5 - Court to Conduct Hearings and Receive Evidence. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-5 - Court to Conduct Hearings and Receive Evidence. | Section 6-11-5
Court to conduct hearings and receive evidence.
The court may conduct hearings and receive such evidence as is deemed necessary in order to make the determinations required in Section 6-11-3 and Section 6-11-4.
(Acts 1987, No. 87-183, p. 245, §5.) |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-6 - Damages Not Affected. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-6 - Damages Not Affected. | Section 6-11-6
Damages not affected.
Nothing in this article shall be construed to alter or affect the nature, elements, form, or amount of damages recoverable in any action.
(Acts 1987, No. 87-183, p. 245, §6.) |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-7 - Prior Rights Not Affected. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-7 - Prior Rights Not Affected. | Section 6-11-7
Prior rights not affected.
This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987.
(Acts 1987, No. 87-183, p. 245, §8.) |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-20 - Punitive Damages Not to Be Awarded Other Than Where Clear and Convincing Evidence... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-20 - Punitive Damages Not to Be Awarded Other Than Where Clear and Convincing Evidence Proven; Definitions. | Section 6-11-20
Punitive damages not to be awarded other than where clear and convincing evidence proven; definitions.
(a) Punitive damages may not be awarded in any civil action, except civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort action where it is proven by clear an... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-21 - Punitive Damages Not to Exceed Certain Limits. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-21 - Punitive Damages Not to Exceed Certain Limits. | Section 6-11-21
Punitive damages not to exceed certain limits.
(a) Except as provided in subsections (b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the p... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-22 - Grounds for Mistrial if Limitations Mentioned in Presence of Jury | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-22 - Grounds for Mistrial if Limitations Mentioned in Presence of Jury | Section 6-11-22
Grounds for mistrial if limitations mentioned in presence of jury
Argument or mention, in the presence of the jury, of the classifications or limitations established in Section 6-11-21 is not permissible and shall be ground for a mistrial.
(Acts 1987, No. 87-185, p. 251, §3.) |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-23/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-23 - No Presumption of Correctness; Court to Conduct Hearings; Admissible Relevant Evid... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-23 - No Presumption of Correctness; Court to Conduct Hearings; Admissible Relevant Evidence; Trial Court to Independently Reassess Award of Punitive Damages. | Section 6-11-23
No presumption of correctness; court to conduct hearings; admissible relevant evidence; trial court to independently reassess award of punitive damages.
(a) No presumption of correctness shall apply as to the amount of punitive damages awarded by the trier of the fact.
(b) In all cases wherein a verdict... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-24/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-24 - No Presumption of Correctness to Apply to Damages on Appeal. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-24 - No Presumption of Correctness to Apply to Damages on Appeal. | Section 6-11-24
No presumption of correctness to apply to damages on appeal.
(a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded.
(b) The appellate court shall independently reassess the nature, extent and economic impact of such an award and reduce or increase the award i... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-25/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-25 - Ability of Court to Set Aside Damages Not Limited. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-25 - Ability of Court to Set Aside Damages Not Limited. | Section 6-11-25
Ability of court to set aside damages not limited.
Nothing in this article is intended to limit the ability of a trial or appellate court to set aside or reverse an award of punitive damages, or to order a new trial.
(Acts 1987, No. 87-185, p. 251, §6.) |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-26/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-26 - No Punitive Damages Awarded Against State or Agency Thereof. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-26 - No Punitive Damages Awarded Against State or Agency Thereof. | Section 6-11-26
No punitive damages awarded against state or agency thereof.
Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity covered under the Medical Liability Act now codified as Section 6-5-480 et seq., or any acts amend... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-27/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-27 - Principal, Master, etc., Not Liable for Punitive Damages for Conduct of Agent, Ser... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-27 - Principal, Master, etc., Not Liable for Punitive Damages for Conduct of Agent, Servant, etc.; Exceptions. | Section 6-11-27
Principal, master, etc., not liable for punitive damages for conduct of agent, servant, etc.; exceptions.
(a) A principal, employer, or other master shall not be liable for punitive damages for intentional wrongful conduct or conduct involving malice based upon acts or omissions of an agent, employee, o... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-28/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-28 - No Cause of Action Created. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-28 - No Cause of Action Created. | Section 6-11-28
No cause of action created.
Nothing contained in this article shall be construed to grant or create a cause of action or right to recover punitive damages.
(Acts 1987, No. 87-185, p. 251, §9.) |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-29/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-29 - Wrongful Death Actions Not Affected. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-29 - Wrongful Death Actions Not Affected. | Section 6-11-29
Wrongful death actions not affected.
This article shall not pertain to or affect any civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, as amended.
(Acts 1987, No. 87-185, p. 251, §10.) |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-30/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-30 - Effective Date. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-30 - Effective Date. | Section 6-11-30
Effective date.
This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987.
(Acts 1987, No. 87-185, p. 251, §12.) |
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