On any contest of a claim of exemption to personal property, on the plaintiff’s written demand, made at any time, the defendant claiming the exemption shall, within 10 days, file a full and complete inventory, duly verified by oath, of all his or her personal property, except the wearing apparel, portraits, pictures, and books specifically exempted from levy and sale, with the value and location of each item of such property, of all money belonging to him or her, whether in his or her possession or held by others for him or her, and of all debts and choses in action belonging to him or her or in which he or she is beneficially interested, with the value of each of them. If such inventory is not filed within the time prescribed, the plaintiff shall not be required to tender an issue on the claim, but the court must enter judgment by default against the defendant, unless good and sufficient cause is shown to the contrary.
(Code 1876, §2837; Code 1886, §2525; Code 1896, §2051; Code 1907, §4178; Code 1923, §7900; Code 1940, T. 7, §643.)
Notes of Decisions
Alabama Telco Credit Union v. Gibbons, 195 So. 3d 1012 (Ala. Civ. App. 2015).
· cites it 3× “Code 1886, § 2525, a precursor to § 6-10-29 containing substantially the same language as the current statute).”
First Nat'l Bank of Jasper v. Robinson (In Re Robinson), 240 B.R. 70 (Bankr. N.D. Ala. 1999).
“ished and the defendant claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing, verified by oath, in the court in which ?uch proceedings are pending, accompanied by a statement setting forth the personal property, choses in action, and money…”
J & C Truck Driving Sch., Inc. v. Ingram, 166 So. 3d 690 (Ala. Civ. App. 2014).
“In that motion, J & C contended that Ingram had failed to file a proper inventory of all of his personal property as required by § 6-10-29, Ala.Code 1975. The motion also contended that Ingram had failed to file his claim of exemption in the probate court as required by §…”
Ricks v. 1ST Franklin Fin. Corp., 269 So. 3d 487 (Ala. Civ. App. 2018).
· cites it 4× “The circuit court also ordered Ricks to "refrain from submitting any further claims of exemption to this court unless such claims are strictly compliant with Ala. Code (1975), § 6-10-29 and supported by sworn statement(s) evidencing a material change in Ricks's financial…”
Ricks v. 1ST Franklin Fin. Corp., 269 So. 3d 487 (Ala. Civ. App. 2018).
· cites it 4× “The circuit court also ordered Ricks to "refrain from submitting any further claims of exemption to this court unless such claims are strictly compliant with Ala. Code (1975), § 6-10-29 and supported by sworn statement(s) evidencing a material change in Ricks's financial…”
Satterfield v. Clark, 514 F. Supp. 1323 (M.D. Ala. 1981).
“When the levy has been made on personal property, the defendant must file with his or her claim the statement of personal property, choses in action and money, with the value and location thereof, as required by the provisions of section 6-10-29. . For example, assume a…”
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