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 invalid entirely or it is invalid in part or is excessive, specifying wherein such invalidity or excess consists, and if excessive, also specifying the property alleged to be in excess, to be, in all cases, the last named in the claim. If the claim is of personal property, he or she must also deliver to the officer a bond in double the value of the property sought to be levied on, with sureties to be approved by the officer, payable to the defendant claiming the exemption and conditioned that if the plaintiff fails in the contest, he or she will pay the defendant all such costs and damages as he or she may sustain by reason of the wrongful institution of the contest. Thereupon, the officer shall proceed to make a levy and, within three days thereafter, shall notify the defendant in writing of the same.
(Code 1876, §2830; Code 1886, §2520; Code 1896, §2046; Code 1907, §4173; Code 1923, §7895; Code 1940, T. 7, §638.)
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1981–2021 · leading case:
Young v. Strong, 694 So. 2d 27 (Ala. Civ. App. 1997).
Young v. Strong, 694 So. 2d 27 (Ala. Civ. App. 1997).
· cites it 3× “This court determined that the exemption was to be upheld because the claim was not properly contested as required by § 6-10-25. 587 So.2d at 350-51 . See also, Ex parte Avery, 514 So.”
Griffin v. Bank Street Fin., 587 So. 2d 349 (Ala. Civ. App. 1991).
· cites it 2× “The method for the contesting of claims is detailed in § 6-10-25, Ala.Code 1975, and requires making and filing an affidavit that the claim is either “invalid entirely or it is invalid in part or is excessive, specifying wherein such invalidity or excess consists, and if…”
Satterfield v. Clark, 514 F. Supp. 1323 (M.D. Ala. 1981).
“Thereupon, the plaintiff, in person or by his or her agent or attorney, may contest the claim in the mode provided in section 6-10-25; except, that no bond need be executed; and on the institution of such contest, the officer shall, within three days thereafter, give the…”
Trawick v. Berthel Fisher & Co. Fin. Servs. Inc (N.D. Ala. 2021).
· cites it 2× “To contest a claim of exemption, a judgment creditor must file an affidavit explaining the basis for its belief that the claim to exemption is wholly or partially invalid.”
Gutzmore v. Bartholomew, 69 So. 3d 190 (Ala. Civ. App. 2011).
· cites it 3× “This does not meet the requirements of § 6-10-25, which provides that any contest to a claim of exemption must be made by affidavit.”
Rainbow Paint & Decorating, Inc. v. Smith, 591 So. 2d 451 (Ala. 1991).
· cites it 2× “Rainbow did not to contest the claim of homestead exemption pursuant to § 6-10-25, Ala.Code 1975. On July 7, 1986, the Jefferson Circuit Court granted the claim of homestead exemption and exempted the entire property from levy and sale.”
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