Code of Alabama
Ala. Code § 6-10-23 (2026)
Declaration of Claimed Exemptions - Effect as Evidence and Notice.
✓ official Alabama Legislature (ALISON) text, current July 2026
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, §2517; Code 1896, §2043; Code 1907, §4170; Code 1923, §7892; Code 1940, T. 7, §635.)
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1987–2023 · leading case: Crews v. Jackson, 218 So. 3d 368 (Ala. Civ. App. 2016).
Crews v. Jackson, 218 So. 3d 368 (Ala. Civ. App. 2016). “According to Ala.Code 1975, § 6-10-23, “[a]fter 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.”
Ex Parte Avery, 514 So. 2d 1380 (Ala. 1987). “Section 6-10-23, Code 1975, states: 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.”
Young v. Strong, 694 So. 2d 27 (Ala. Civ. App. 1997). “” Section 6-10-23 provides that a claim of exemption shall be considered “prima faeie correct”; the property claimed is not subject to levy unless there has been a waiver of exemption or the claim is contested.”
Avery v. East Alabama Med. Ctr., 514 So. 2d 1380 (Ala. 1987). “Section 6-10-23, Code 1975, states: 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.”
US Fire Ins. Co. v. Martin Contractors LLC (S.D. Ala. 2023). “CODE § 6-10-23 “after the filing of such declaration[s], the claim[s] of exemption are considered as prima facie correct.”
Gutzmore v. Bartholomew, 69 So. 3d 190 (Ala. Civ. App. 2011). “§ 6-10-23, Ala. Code 1975. After a claim of exemption has been filed, the property claimed to be exempt “shall not be subject to levy unless *192 there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of property on which the levy is…”
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