Code of Alabama
Ala. Code § 6-10-20 (2026)
Declaration of Claimed Exemptions - Making and Filing.
✓ official Alabama Legislature (ALISON) text, current July 2026
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 is situated, if a homestead, or, if personal property, of the county in which such resident resides, a declaration in writing, subscribed and sworn to by him or her, describing the property selected and claimed by him or her as exempt, item by item, in case of personal property, with its value. Other declarations may, from time to time, as occasion may require, be made and filed.
(Code 1876, §2828; Code 1886, §2515; Code 1896, §2041; Code 1907, §4168; Code 1923, §7890; Code 1940, T. 7, §633.)
Notes of Decisions
Cited in 4
cases, 1982–2016 · leading case: Crews v. Jackson, 218 So. 3d 368 (Ala. Civ. App. 2016).
Crews v. Jackson, 218 So. 3d 368 (Ala. Civ. App. 2016). “§ 6-10-20 (permitting a judgment debtor to file with the court “a declaration in writing, subscribed and sworn to by him or her, describing the property selected and claimed by him or her as exempt”), and Rule 64B, Ala.”
In Re Bradley, 19 B.R. 265 (Bankr. S.D. Ala. 1982). “” Section 6-10-20: “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 judge of probate of the county in which the property is…”
Young v. Strong, 694 So. 2d 27 (Ala. Civ. App. 1997). “Rule 64B, Ala.R.Civ.P., provides for filing claims of exemption of property from garnishment, and for contesting such claims, and states, in part: “If the plaintiff fails to make timely contest after notice of the defendant’s claim of exemption, after fifteen (15) calendar days…”
J & C Truck Driving Sch., Inc. v. Ingram, 166 So. 3d 690 (Ala. Civ. App. 2014). “The motion also contended that Ingram had failed to file his claim of exemption in the probate court as required by § 6-10-20, Ala.Code 1975. On September 30, 2013, Wells Fargo filed, an answer to the garnishment, acknowledging that it had possession of funds belonging to Ingram…”
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