Code of Alabama
Ala. Code § 6-10-120 (2026)
Right to Waive.
✓ official Alabama Legislature (ALISON) text, current July 2026
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.)
Notes of Decisions
Cited in 5
cases, 1983–1999 · leading case: First Nat'l Bank of Jasper v. Robinson (In Re Robinson), 240 B.R. 70 (Bankr. N.D. Ala. 1999).
First Nat'l Bank of Jasper v. Robinson (In Re Robinson), 240 B.R. 70 (Bankr. N.D. Ala. 1999). “X, § 210, Ala.Code § 6-10-120. The Alabama Constitution of 1901, Art.”
First Alabama Bank of Montgomery v. Mims, 66 B.R. 20 (M.D. Ala. 1986). “Section 6-10-126 is applicable only in those cases where a debtor has, in fact, first given a waiver of exemption pursuant to § 6-10-120, which provides: “§ 6-10-120. Right to waive.”
Goodwin v. Goodwin, 592 So. 2d 212 (Ala. 1991). “Ala. Code 1975, § 6-10-120, states that "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.”
Smith v. Avco Fin. Servs. of Alabama, Inc., 500 So. 2d 1135 (Ala. Civ. App. 1986). “See § 6-10-120, Ala.Code (1975). Such is the case here; hence, no error.”
Sanders v. First State Bank of Franklin Cnty. (In Re Sanders), 30 B.R. 80 (Bankr. N.D. Ala. 1983). “This Court therefore holds that under Alabama State Law each of the debtors is entitled to a personal property exemption of $3,000.”
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