Code of Alabama
Ala. Code § 6-10-126 (2026)
Exceptions.
✓ official Alabama Legislature (ALISON) text, current July 2026
(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 actual use by the family;
(2) Wearing apparel;
(3) A vehicle used by and essential to the debtor’s business;
(4) Tools used personally by and essential to the debtor’s business;
(5) The library of the debtor.
(b) Any levy upon such property is absolutely void.
(c) This section shall not apply to such property set out in subdivisions (3) and (4) of subsection (a) pledged in a consensual security agreement.
(Code 1907, §4237; Acts 1915, No. 797, p. 916; Code 1923, §7966; Code 1940, T. 7, §712; Acts 1984, No. 84-381, p. 890.)
Notes of Decisions
Cited in 9
cases, 1983–1999 · leading case: Stewart v. Jones, 35 B.R. 392 (S.D. Ala. 1983).
Stewart v. Jones, 35 B.R. 392 (S.D. Ala. 1983). “The sole question on appeal is whether the Bankruptcy Judge erred in holding that Code of Alabama 1975, Section 6-10-126 2 *393 does not create personal exemptions separate from and in addition to those established in Code of Alabama, 1975, Section 6-10-6 3 .”
First Alabama Bank of Montgomery v. Mims, 66 B.R. 20 (M.D. Ala. 1986). “Following testimony and submission of documents regarding the transactions in question, the Bankruptcy Court issued a ruling that Appellee was entitled to the vehicle pursuant to CODE OF ALABAMA [1975], § 6-10-126, entitled “Exceptions”, which provides, in pertinent part: “(a)…”
Shepard v. Morris (In Re Morris), 30 B.R. 392 (Bankr. N.D. Ala. 1983). “In that case the Court held that the debtor’s rights under Section 6-10-126, Code of Alabama 1975 were limited by the $3,000.”
In Re Satterwhite, 28 B.R. 178 (Bankr. M.D. Ala. 1983). “6-10-126 The debtor claims though that he is entitled to claim all of the property, not just under Section 6-10-6, but under Section 6-10-126 of the Code of Alabama, 1975.”
In Re Bulger, 91 B.R. 129 (Bankr. M.D. Ala. 1988). “Code § 6-10-126, as claimed by the debtor. Section 6-10-126 is not an exemption statute.”
First Nat'l Bank of Jasper v. Robinson (In Re Robinson), 240 B.R. 70 (Bankr. N.D. Ala. 1999). “However, this language is tempered by Ala.Code § 6-10-126 and by holdings of the Alabama courts which make ineffective a waiver with respect to certain items of personal property deemed necessities for sustenance.”
Sanders v. First State Bank of Franklin Cnty. (In Re Sanders), 30 B.R. 80 (Bankr. N.D. Ala. 1983). “Sanders’ medical equipment, office business equipment, and office furniture as “tools used personally by and essential to the debtors’ business” pursuant to Section 6-10-126, Code of Alabama 1975. Dr.”
Smith v. Avco Fin. Servs. of Alabama, Inc., 500 So. 2d 1135 (Ala. Civ. App. 1986). “In his second issue Smith argues that the trial court erred in only allowing him exemptions which are excepted from levy pursuant to § 6-10-126, Ala.Code (1975), and in not allowing him to claim a $3,000 personal property exemption as to his wages pursuant to § 6-10-6, Ala.”
Parker v. Adams, 455 So. 2d 880 (Ala. Civ. App. 1984). “” § 6-10-126, Code 1975. There was evidence that the furniture and household goods were used by the defendants for family purposes and that the truck and tools were used by Mr.”
— Ala. Code § 6-10-126(a) — 2 cases
Stewart v. Jones, 35 B.R. 392 (S.D. Ala. 1983). “The sole question on appeal is whether the Bankruptcy Judge erred in holding that Code of Alabama 1975, Section 6-10-126 2 *393 does not create personal exemptions separate from and in addition to those established in Code of Alabama, 1975, Section 6-10-6 3 .”
First Alabama Bank of Montgomery v. Mims, 66 B.R. 20 (M.D. Ala. 1986). “Following testimony and submission of documents regarding the transactions in question, the Bankruptcy Court issued a ruling that Appellee was entitled to the vehicle pursuant to CODE OF ALABAMA [1975], § 6-10-126, entitled “Exceptions”, which provides, in pertinent part: “(a)…”
— Ala. Code § 6-10-126(a)(1) — 1 case
Stewart v. Jones, 35 B.R. 392 (S.D. Ala. 1983). “The sole question on appeal is whether the Bankruptcy Judge erred in holding that Code of Alabama 1975, Section 6-10-126 2 *393 does not create personal exemptions separate from and in addition to those established in Code of Alabama, 1975, Section 6-10-6 3 .”
— Ala. Code § 6-10-126(b) — 2 cases
Stewart v. Jones, 35 B.R. 392 (S.D. Ala. 1983). “The sole question on appeal is whether the Bankruptcy Judge erred in holding that Code of Alabama 1975, Section 6-10-126 2 *393 does not create personal exemptions separate from and in addition to those established in Code of Alabama, 1975, Section 6-10-6 3 .”
First Alabama Bank of Montgomery v. Mims, 66 B.R. 20 (M.D. Ala. 1986). “Following testimony and submission of documents regarding the transactions in question, the Bankruptcy Court issued a ruling that Appellee was entitled to the vehicle pursuant to CODE OF ALABAMA [1975], § 6-10-126, entitled “Exceptions”, which provides, in pertinent part: “(a)…”
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