Search is not available for this dataset
url
stringlengths 42
388
| state
stringclasses 51
values | path
stringlengths 83
10.4k
| title
stringlengths 34
2.24k
| content
stringlengths 0
2.39M
|
|---|---|---|---|---|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-251/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-251 - Definitions.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-251 - Definitions.
|
Section 6-9-251
Definitions.
In this article:
(1) "Foreign country" means a government other than:
a. the United States;
b. a state, district, commonwealth, territory, or insular possession of the United States; or
c. any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(2) "Foreign-country judgment" means a judgment of a court of a foreign country.
(Act 2012-470, p. 1296, §2.)
|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-252/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-252 - Applicability of Article.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-252 - Applicability of Article.
|
Section 6-9-252
Applicability of article.
(a) Except as otherwise provided in subsection (b), this article applies to a foreign-country judgment to the extent that the judgment:
(1) grants or denies recovery of a sum of money; and
(2) under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(b) This article does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(1) a judgment for taxes;
(2) a fine or other penalty; or
(3) a judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this article applies to the foreign-country judgment.
(Act 2012-470, p. 1296, §3.)
|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-253/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-253 - Recognition of Foreign-Country Judgments.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-253 - Recognition of Foreign-Country Judgments.
|
Section 6-9-253
Recognition of foreign-country judgments.
(a) Except as otherwise provided in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this article applies.
(b) A court of this state shall not recognize a foreign-country judgment if:
(1) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2) the foreign court did not have personal jurisdiction over the defendant; or
(3) the foreign court did not have jurisdiction over the subject matter.
(c) A court of this state need not recognize a foreign-country judgment if:
(1) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(3) the judgment or the claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;
(4) the judgment conflicts with another final and conclusive judgment;
(5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(8) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists.
(Act 2012-470, p. 1296, §4.)
|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-254/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-254 - Lack of Personal Jurisdiction; Recognition Sought.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-254 - Lack of Personal Jurisdiction; Recognition Sought.
|
Section 6-9-254
Lack of personal jurisdiction; recognition sought.
(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(1) the defendant was served with process personally in the foreign country;
(2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that has its principal place of business in, or was organized under the laws of, the foreign country;
(5) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a claim for relief arising out of business done by the defendant through that office in the foreign country; or
(6) the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a claim for relief arising out of that operation.
(b) The list of bases for personal jurisdiction in subsection (a) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign-country judgment.
(Act 2012-470, p. 1296, §5.)
|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-255/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-255 - Action Seeking Recognition of Foreign-Country Judgment.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-255 - Action Seeking Recognition of Foreign-Country Judgment.
|
Section 6-9-255
Action seeking recognition of foreign-country judgment.
(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
(b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
(c) The party seeking recognition is required to provide the court with a certified copy of the judgment, and if not in English, an English translation which complies with the requirements of Alabama law.
(Act 2012-470, p. 1296, §6.)
|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-256/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-256 - Judgment Conclusive and Enforceable.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-256 - Judgment Conclusive and Enforceable.
|
Section 6-9-256
Judgment conclusive and enforceable.
If the court in a proceeding under Section 6-9-255 finds that the foreign-country judgment is entitled to recognition under this article, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1) conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
(2) enforceable in the same manner and to the same extent as a judgment rendered in this state.
(Act 2012-470, p. 1296, §7.)
|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-257/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-257 - Stay of Proceedings on Appeal.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-257 - Stay of Proceedings on Appeal.
|
Section 6-9-257
Stay of proceedings on appeal.
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
(Act 2012-470, p. 1296, §8.)
|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-258/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-258 - Commencement of Action.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-258 - Commencement of Action.
|
Section 6-9-258
Commencement of action.
An action to recognize a foreign-country judgment must be commenced within the later of the time during which the foreign-country judgment is effective in the foreign country or 5 years from the date that the foreign-country judgment became final, conclusive, and enforceable in the foreign country.
(Act 2012-470, p. 1296, §9.)
|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-259/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-259 - Construction and Application of Article.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-259 - Construction and Application of Article.
|
Section 6-9-259
Construction and application of article.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2012-470, p. 1296, §10.)
|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-260/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-260 - Comity.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-260 - Comity.
|
Section 6-9-260
Comity.
This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article.
(Act 2012-470, p. 1296, §11.)
|
https://law.justia.com/codes/alabama/title-6/chapter-9/article-11/section-6-9-261/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 9 - Judgments.›Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act.›Section 6-9-261 - Date of Commencement.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 9 - Judgments. › Article 11 - Alabama Uniform Foreign-Country Money Judgments Recognition Act. › Section 6-9-261 - Date of Commencement.
|
Section 6-9-261
Date of commencement.
This article applies to all actions commenced on or after January 1, 2013, in which the issue of recognition of a foreign-country judgment is raised.
(Act 2012-470, p. 1296, §12.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-1 - Law Governing Exemptions and Claims.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-1 - Law Governing Exemptions and Claims.
|
Section 6-10-1
Law governing exemptions and claims.
The right of homestead or other exemption shall be governed by the law in force when the debt or demand was created, but the mode or remedy for asserting, ascertaining, contesting, and determining claims thereto shall be as prescribed in this chapter.
(Code 1876, §2844; Code 1886, §2542; Code 1896, §2068; Code 1907, §4195; Code 1923, §7917; Code 1940, T. 7, §660.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-2 - Homestead Exemption - Amount; Area.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-2 - Homestead Exemption - Amount; Area.
|
Section 6-10-2
Homestead exemption - Amount; area.
The homestead of every resident of this state, with the improvements and appurtenances, not exceeding in value fifteen thousand dollars ($15,000) and in area 160 acres, shall be, to the extent of any interest he or she may have therein, whether a fee or less estate or whether held in common or in severalty, exempt from levy and sale under execution or other process for the collection of debts during his or her life and occupancy and, if he or she leaves surviving him or her a spouse and a minor child, or children, or either, during the life of the surviving spouse and minority of the child, or children, but the area of the homestead shall not be enlarged by reason of any encumbrance thereon or of the character of the estate or interest owned therein by him or her. When a husband and wife jointly own a homestead each is entitled to claim separately the exemption provided herein, to the same extent and value as an unmarried individual. For purposes of this section and Sections 6-10-38 and 6-10-40, a mobile home or similar dwelling if the principal place of residence of the individual claiming the exemption shall be deemed to be a homestead.
(Code 1876, §2820; Code 1886, §2507; Code 1896, §2033; Code 1907, §4160; Code 1923, §7882; Code 1940, T. 7, §625; Acts 1980, No. 80-569, p. 879, §2; Act 2015-484, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-3 - Homestead Exemption - Alienation by Married Person.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-3 - Homestead Exemption - Alienation by Married Person.
|
Section 6-10-3
Homestead exemption - Alienation by married person.
No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take acknowledgments of deeds, and the certificate of such officer upon, or attached to, such mortgage, deed, or other conveyance, which certificate must be substantially in the form of acknowledgment for individuals prescribed by Section 35-4-29.
(Code 1876, §2822; Code 1886, §2508; Code 1896, §2034; Code 1907, §4161; Code 1923, §7883; Acts 1931, No. 116, p. 183; Code 1940, T. 7, §626; Acts 1951, No. 83, p. 300.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-4 - Homestead Exemption - Liens Not Affected.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-4 - Homestead Exemption - Liens Not Affected.
|
Section 6-10-4
Homestead exemption - Liens not affected.
The provisions of this article shall not, however, be so construed as to prevent any lien attaching to the homestead in favor of any laborer, merchant, or materialman for work and labor done or for materials furnished, or in favor of any vendor for unpaid purchase money or so as to affect any deed, mortgage, or lien on such homestead, lawfully executed or created.
(Code 1876, §2822; Code 1886, §2509; Code 1896, §2035; Code 1907, §4162; Code 1923, §7884; Code 1940, T. 7, §627.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-5 - Burial Place and Church Pew or Seat.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-5 - Burial Place and Church Pew or Seat.
|
Section 6-10-5
Burial place and church pew or seat.
In favor of any resident of this state, there shall also be exempt from levy and sale, under execution or other process, any lot or lots in cemeteries or elsewhere, set apart or used as a burial place for himself or herself or family and any pew or seat in any church or other place of worship, held and occupied by him or her for the use of himself or herself or family.
(Code 1876, §2823; Code 1886, §2510; Code 1896, §2036; Code 1907, §4163; Code 1923, §7885; Code 1940, T. 7, §628.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-6 - Personalty.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-6 - Personalty.
|
Section 6-10-6
Personalty.
The personal property of such resident, except for wages, salaries, or other compensation, to the extent of the resident's interest therein, to the amount of seven thousand five hundred dollars ($7,500) in value, to be selected by him or her, and, in addition thereto, all necessary and proper wearing apparel for himself or herself and family, all family portraits or pictures and all books used in the family shall also be exempt from levy and sale under execution or other process for the collection of debts. No wages, salaries, or other compensation shall be exempt except as provided in Section 5-19-15 or Section 6-10-7.
(Code 1876, §§2820, 2823; Code 1886, §2511; Code 1896, §2037; Code 1907, §4164; Code 1923, §7886; Code 1940, T. 7, §629; Acts 1980, No. 80-569, p. 879, §3; Acts 1988, No. 88-294, p. 454, §2; Act 2015-484, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-6-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-6.1 - Exclusions From Personal Property.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-6.1 - Exclusions From Personal Property.
|
Section 6-10-6.1
Exclusions from personal property.
(a) Wages, salaries, or other compensation of a resident are not personal property for the purposes of exemption from garnishment, levy, sale under execution, or other process for the collection of debt.
(b) It is the intent of this section to exclude from the meaning of personal property the wages, salaries, or other compensation of a resident for the purposes of the personal property exemption under Section 6-10-6 and Section 204 of the Constitution of Alabama of 1901.
(Act 2015-484, §2.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-7/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-7 - Wages, Salaries, or Other Compensation of Laborers or Employees for Personal Servic...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-7 - Wages, Salaries, or Other Compensation of Laborers or Employees for Personal Services.
|
Section 6-10-7
Wages, salaries, or other compensation of laborers or employees for personal services.
(a) The wages, salaries, or other compensation of laborers or employees, residents of this state, for personal services, shall be exempt from levy under writs of garnishment or other process for the collection of debts contracted or judgments entered in tort in an amount equal to 75 percent of such wages, salaries, or other compensation due or to become due to such laborers or employees, and the levy as to such percentage of their wages, salaries, or other compensation shall be void. The court issuing the writ or levy shall show thereon the amount of the claim of the plaintiff and the court costs in the proceedings. If at any time during the pendency of the proceedings in the court a judgment is entered for a different amount, then the court shall notify the garnishee of the correct amount due by the defendant under the writ or levy. The garnishee shall retain 25 percent of the wages, salaries, or other compensation of the laborer or employee during the period of time as is necessary to accumulate a sum equal to the amount shown as due by the court on the writ or levy. Should the employment of the defendant for any reason be terminated with the garnishee, then the garnishee shall not later than 15 days after the termination of employment, report the termination to the court and pay into court all sums withheld from the defendant's wages, salaries, or other compensation. If the plaintiff in garnishment contests the answer of the garnishee, as now provided by law in such cases, and proves to the court the deficiency or untruth of the garnishee's answer, the court shall enter judgment against the garnishee for such amount as would have been subject to the order of condemnation had the sum not been released to the defendant.
(b) The garnishee shall, after a period of 30 days from the first retention of any sum from the defendant's wages, salaries, or other compensation, commence paying the funds into court, as they are deducted or withheld and continue to do so on a monthly or more frequent basis until the full amount is withheld. Upon receipt by the court of a written request by the plaintiff, the court may enter an order of condemnation of said funds received and thereupon disburse the same to the plaintiff.
(Code 1876, §2823; Code 1886, §2512; Code 1896, §2038; Code 1907, §4165; Code 1923, §7887; Acts 1939, No. 235, p. 396; Code 1940, T. 7, §630; Acts 1949, No. 541, p. 851; Acts 1957, No. 613, p. 880; Acts 1992, 2nd Ex. Sess., No. 92-681, p. 67, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-8/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-8 - Rights of Beneficiaries and Assignees Under Life Insurance Policies.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-8 - Rights of Beneficiaries and Assignees Under Life Insurance Policies.
|
Section 6-10-8
Rights of beneficiaries and assignees under life insurance policies.
If a policy of insurance, whether heretofore or hereafter issued, is effected by any person on his or her own life or on another life in favor of a person other than himself or herself or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance, or his or her executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary is reserved or permitted and whether or not the policy is made payable to the person whose life is insured if the beneficiary or assignee shall predecease such person; provided, that subject to the statute of limitations, the amount of any premiums for said insurance paid with intent to defraud creditors, with interest thereon, shall inure to their benefit from the proceeds of the policy; but the company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms unless, before such payment, the company shall have written notice, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specifications of the amount claimed. A husband or a wife, in his or her own name or in the name of a trustee, may insure the life of his or her spouse for the benefit of himself or herself, or for the benefit of himself or herself and any child or children of the marriage; or a husband or a wife may insure his or her own life for the benefit of his or her spouse, or for the benefit of his or her spouse and children, or for the benefit of their children, either in the names of such children or in the name of a trustee; and such insurance and the proceeds and avails thereof, whether or not the right to change the beneficiary is reserved or permitted, is exempt from liability for the debts or engagements of the insured, or for the torts of the insured, or for any penalty or damages recoverable of the insured.
(Code 1867, §§3539h, 3539i; Code 1876, §§2733, 2734; Code 1886, §2356; Code 1896, §2535; Code 1907, §4502; Code 1923, §8277; Acts 1932, Ex. Sess., No. 160, p. 190; Code 1940, T. 7, §624.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-9/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-9 - Partnership Property.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-9 - Partnership Property.
|
Section 6-10-9
Partnership property.
No property, real or personal, held or owned by partners as partnership property or purchased with partnership funds for partnership purposes shall be the subject of homestead or other exemption as against copartners or partnership creditors.
(Code 1876, §2820; Code 1886, §2513; Code 1896, §2039; Code 1907, §4166; Code 1923, §7888; Code 1940, T. 7, §631.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-10/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-10 - County and Municipal Property.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-10 - County and Municipal Property.
|
Section 6-10-10
County and municipal property.
All property, real or personal, belonging to the several counties or municipal corporations in this state and used for county or municipal purposes shall be exempt from levy and sale under any process or judgment whatsoever.
(Code 1876, §2845; Code 1886, §2514; Code 1896, §2040; Code 1907, §4167; Code 1923, §7889; Code 1940), T. 7, §632.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-11/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-11 - Exemptions in Federal Bankruptcy.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-11 - Exemptions in Federal Bankruptcy.
|
Section 6-10-11
Exemptions in federal bankruptcy.
In cases instituted under the provisions of Title 11 of the United States Code entitled Bankruptcy, there shall be exempt from the property of the estate of an individual debtor only that property and income which is exempt under the laws of the State of Alabama and under federal laws other than Subsection (d) of Section 522 of Title 11 of the United States Code.
(Acts 1980, No. 80-569, p. 879, §1; Act 2015-484, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-1/section-6-10-12/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 1 - General Provisions.›Section 6-10-12 - Adjustments to Exemption Values.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 1 - General Provisions. › Section 6-10-12 - Adjustments to Exemption Values.
|
Section 6-10-12
Adjustments to exemption values.
On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change in the consumer price index, as published by the United States Department of Labor, or, if that index is no longer published, a generally available comparable index, for the 3-year period ending on the December 31 preceding the adjustment date and rounded to the nearest twenty-five dollars ($25.00). The State Treasurer shall publish the adjusted amounts. The adjusted amounts apply to exemptions claimed on or after April 1 following the adjustment date.
(Act 2015-484, §2.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-20/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-20 - Declaration of Claimed Exemptions - Making and Filing.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-20 - Declaration of Claimed Exemptions - Making and Filing.
|
Section 6-10-20
Declaration of claimed exemptions - Making and filing.
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.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-21/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-21 - Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-21 - Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies.
|
Section 6-10-21
Declaration of claimed exemptions - Recordation; receipt; certified copies.
Such declarations of claims of exemptions shall be recorded in a separate book, kept for that purpose, and the probate judge, on request, shall give a receipt therefor and shall furnish a certified copy thereof, when requested, on payment of lawful fees therefor.
(Code 1876, §2829; Code 1886, §2516; Code 1896, §2042; Code 1907, §4169; Code 1923, §7891; Code 1940, T. 7, §634.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-22/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-22 - Declaration of Claimed Exemptions - Fees for Filing, Etc.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-22 - Declaration of Claimed Exemptions - Fees for Filing, Etc.
|
Section 6-10-22
Declaration of claimed exemptions - Fees for filing, etc.
The fees for filing, recording, copying, and certifying such declarations shall be the same as are allowed by law for filing, recording, copying, and certifying deeds.
(Code 1876, §2829; Code 1886, §2518; Code 1896, §2044; Code 1907, §4171; Code 1923, §7893; Code 1940, T. 7, §636.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-23/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-23 - Declaration of Claimed Exemptions - Effect as Evidence and Notice.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-23 - Declaration of Claimed Exemptions - Effect as Evidence and Notice.
|
Section 6-10-23
Declaration of claimed exemptions - Effect as evidence and notice.
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.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-24/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-24 - Declaration of Claimed Exemptions - Effect of Waiver or Contest.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-24 - Declaration of Claimed Exemptions - Effect of Waiver or Contest.
|
Section 6-10-24
Declaration of claimed exemptions - Effect of waiver or contest.
After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless 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 sought to be made or the claim is contested.
(Code 1876, §2830; Code 1886, §2519; Code 1896, §2045; Code 1907, §4172; Code 1923, §7894; Code 1940, T. 7, §637.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-25/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-25 - Declaration of Claimed Exemptions - Contesting of Claims.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-25 - Declaration of Claimed Exemptions - Contesting of Claims.
|
Section 6-10-25
Declaration of claimed exemptions - Contesting of claims.
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.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-26/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-26 - Claim of Exemption After Levy and Prior to Sale; Contesting of Such Claim.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-26 - Claim of Exemption After Levy and Prior to Sale; Contesting of Such Claim.
|
Section 6-10-26
Claim of exemption after levy and prior to sale; contesting of such claim.
The right of homestead or other exemption shall not be waived or lost by a failure, before the levy of process, to file for record a declaration claiming the same; but the defendant, in person or by his or her agent or attorney, may, at any time after the levy and prior to a sale, file with the officer making the levy a claim in writing, verified by oath, to such property, or any part thereof, as exempt and, if of a part, describing the same; and, within three days thereafter, such officer must give to the plaintiff or his or her agent or attorney written notice of the filing of the claim. 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 defendant written notice of the same. If the plaintiff does not institute such contest within 10 days after notice of the claim, the levy shall be discharged, the property, if personal, shall be returned to the defendant and the plaintiff shall be taxed with the costs of making the levy and keeping the property. 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.
(Code 1876, §2834; Code 1886, §2521; Code 1896, §2047; Code 1907, §4174; Code 1923, §7896; Code 1940, T. 7, §639.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-27/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-27 - Contest of Exemption Claim - Delivery of Personalty to Defendant Upon Executing Bo...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-27 - Contest of Exemption Claim - Delivery of Personalty to Defendant Upon Executing Bond; Proceedings When Bond Not Forthcoming.
|
Section 6-10-27
Contest of exemption claim - Delivery of personalty to defendant upon executing bond; proceedings when bond not forthcoming.
(a) When any contest of a claim of exemption to personal property has been instituted, the defendant claiming the exemption may, within five days after service of notice of the contest, deliver to the officer making the levy a bond in double the amount of the value of the property, to be fixed by, and with sureties to be approved by, the officer, payable to the plaintiff and conditioned that if the defendant is not successful in the contest, he or she will, within 30 days thereafter, deliver the property to such officer and will pay all costs and damages that may result from its detention. Thereupon, the property shall be delivered to the defendant.
(b) If the defendant fails to deliver such bond within the five days allowed him or her and the plaintiff shall, within five days thereafter, deliver to the officer a bond in the amount, and with the sureties, provided in subsection (a) of this section, conditioned that if the plaintiff is not successful in the contest, he or she will, within 30 days thereafter, deliver the property to the defendant and pay all costs and damages that may result from the detention thereof, the property shall be delivered to the plaintiff; but if the plaintiff fails to deliver such bond within the five days allowed, the property must be returned to the defendant without bond.
(Code 1876, §2836; Code 1886, §§2522, 2523; Code 1896, §§2048, 2049; Code 1907, §§4175, 4176; Code 1923, §§7897, 7898; Code 1940, T. 7, §§640, 641.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-28/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-28 - Contest of Exemption Claim - Return of Levying Officer.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-28 - Contest of Exemption Claim - Return of Levying Officer.
|
Section 6-10-28
Contest of exemption claim - Return of levying officer.
In case of such contest, the officer making the levy must, within 15 days after the institution of the contest, return the process and other papers to the court to which the process is returnable, accompanied with a full statement of the facts.
(Code 1876, §2836; Code 1886, §2524; Code 1896, §2050; Code 1907, §4177; Code 1923, §7899; Code 1940, T. 7, §642.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-29/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-29 - Contest of Exemption Claim - Filing of Inventory by Defendant; Effect of Failure t...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-29 - Contest of Exemption Claim - Filing of Inventory by Defendant; Effect of Failure to File.
|
Section 6-10-29
Contest of exemption claim - Filing of inventory by defendant; effect of failure to file.
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.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-30/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-30 - Contest of Exemption Claim - Trial of Issues.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-30 - Contest of Exemption Claim - Trial of Issues.
|
Section 6-10-30
Contest of exemption claim - Trial of issues.
The contest of any claim of exemptions shall be a preferred case, and after the return of the process, if both parties appear, an issue or issues shall be formed under the direction of the court as to whether the property in contest, or any and what part of it, is exempt as claimed. Such issue or issues shall be tried as other cases are tried. In all cases, the party in whose favor the levy was made shall be deemed the plaintiff, upon whom shall rest the burden of proof, and both parties shall be entitled to the same right of objection, exception, and of appeal as in other cases.
(Code 1876, §2838; Code 1886, §2526; Code 1896, §2052; Code 1907, §4179; Code 1923, §7901; Code 1940, T. 7, §644.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-31/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-31 - Contest of Exemption Claim - Trial by Jury in Probate Court.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-31 - Contest of Exemption Claim - Trial by Jury in Probate Court.
|
Section 6-10-31
Contest of exemption claim - Trial by jury in probate court.
When a contest of a claim of exemption is triable in the probate court, either party shall be entitled to a trial by jury on demand therefor, made by the contestant at the time of filing the contest and by the contestee within 10 days after notice of the contest is filed by the claimant; but if not then made, the right of trial by jury shall be waived.
(Code 1876, §2838; Code 1886, §2527; Code 1896, §2053; Code 1907, §4180; Code 1923, §7902; Code 1940, T. 7, §645.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-32/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-32 - Contest of Exemption Claim - Judgment.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-32 - Contest of Exemption Claim - Judgment.
|
Section 6-10-32
Contest of exemption claim - Judgment.
If the plaintiff fails to appear in support of his contest or if on the trial all the property in contest is found exempt, judgment must be entered against the plaintiff for the costs of the levy and contest and releasing the property from the levy, but if the defendant fails to appear in support of his or her claim of exemption or if on the trial any of the property is found liable to the process, judgment must be entered against the defendant for costs and condemning the property to sale.
(Code 1876, §2838; Code 1886, §2528; Code 1896, §2054; Code 1907, §4181; Code 1923, §7903; Code 1940, T. 7, §646.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-33/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-33 - Contest of Exemption Claim - Proceedings When Claim of Personalty Found Excessive.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-33 - Contest of Exemption Claim - Proceedings When Claim of Personalty Found Excessive.
|
Section 6-10-33
Contest of exemption claim - Proceedings when claim of personalty found excessive.
When, on a contest of a claim of exemption to personal property, the issue is whether or not the claim is excessive and such issue is found in favor of the plaintiff, it must also be ascertained by the finding of the court or the verdict of the jury, as the case may be, how much and what portion of the property is exempt, describing the same with its value, approximating in value as nearly as practicable $3,000, and the residue of the property shall be sold, and out of the proceeds of sale there shall be paid to the defendant an amount which, when added to the value of the property found to be exempt, will make the exemption equal to $3,000, and the balance shall be applied to the payment of the costs and satisfaction of the process.
(Code 1876, §2839; Code 1886, §2529; Code 1896, §2055; Code 1907, §4182; Code 1923, §7904; Code 1940, T. 7, §647; Acts 1980, No. 80-569, p. 879, §4.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-34/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-34 - Contest of Exemption Claim - Proceedings When Inventory Discloses Personalty Not E...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-34 - Contest of Exemption Claim - Proceedings When Inventory Discloses Personalty Not Embraced by Claim of Exemption.
|
Section 6-10-34
Contest of exemption claim - Proceedings when inventory discloses personalty not embraced by claim of exemption.
When, on a contest of a claim of exemption to personal property, an inventory filed by the defendant on the plaintiff's demand discloses other personal property owned by the defendant and subject to sale under process not embraced in the claim of exemption, the defendant, at the time of filing the inventory, shall deliver such property to the officer making the levy, who shall, whether he has returned the process or not, in case of an execution sell the property as in other cases and apply the proceeds to the satisfaction of the execution or, in case of an attachment or other mesne process, shall hold the property to await the final determination of the action. In either event, he shall make due return of the facts to the court.
(Code 1886, §2530; Code 1896, §2056; Code 1907, §4183; Code 1923, §7905; Code 1940, T. 7, §648.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-35/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-35 - Contest of Exemption Claim - Tender of Issue by Plaintiff on Inventory Filed by De...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-35 - Contest of Exemption Claim - Tender of Issue by Plaintiff on Inventory Filed by Defendant; Determination Thereof.
|
Section 6-10-35
Contest of exemption claim - Tender of issue by plaintiff on inventory filed by defendant; determination thereof.
When, on a contest of a claim of exemption to personal property, an inventory has been filed by the defendant, an issue may be tendered by the plaintiff that the defendant has other personal property subject to levy and sale under the process not embraced in the inventory or that the inventory discloses that the defendant has other personal property subject to levy and sale under the process not embraced in the claim of exemption which he has failed to deliver to the officer levying the process. If such issue is determined in favor of the plaintiff, the value of such property shall be ascertained and estimated in ascertaining the amount of the exemption to which the defendant is entitled and be deducted from his or her claim in contest as if such property had been selected by him or her as part of his or her exemptions.
(Code 1876, §2839; Code 1886, §2531; Code 1896, §2057; Code 1907, §4184; Code 1923, §7906; Code 1940, T. 7, §649.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-36/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-36 - Contest of Exemption Claim - Assessment of Value of Property and Damages Resulting...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-36 - Contest of Exemption Claim - Assessment of Value of Property and Damages Resulting From Detention on Bond; Judgment and Execution on Bond.
|
Section 6-10-36
Contest of exemption claim - Assessment of value of property and damages resulting from detention on bond; judgment and execution on bond.
When bond has been executed by the plaintiff or defendant for the forthcoming of the property in contest, the value of the property, and the damages resulting from its detention must be assessed by the court or jury trying the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property and pay the damages as required by the condition of the bond, it shall be the duty of the sheriff to make due return of that fact; and, upon such return being made, the bond shall have the force and effect of a judgment, and execution may issue thereon against the obligors on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907; Code 1940, T. 7, §650.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-37/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-37 - Contest of Exemption Claim - Garnishment of Money, Choses in Action or Personal Pr...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-37 - Contest of Exemption Claim - Garnishment of Money, Choses in Action or Personal Property.
|
Section 6-10-37
Contest of exemption claim - Garnishment of money, choses in action or personal property.
When money, choses in action or personal property are garnished 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 such proceedings are pending, accompanied by a statement setting forth the personal property, choses in action, and money and the location and value thereof, as required in the statement to be filed under the provisions of Section 6-10-29. Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of contest after declaration filed, and such contest shall be tried and determined as other contests of claims of exemptions are tried and determined. If the defendant has notice of the garnishment, the claim of exemption must be interposed before judgment of condemnation, but if not, such judgment shall not operate to impair or affect his claim of exemption. Notice of the garnishment must be in writing and may be given by the plaintiff or garnishee, but must be served by the sheriff at least five days before any judgment of condemnation. No claim for exemptions shall exceed the greater of the amounts authorized by the Constitution of 1901, as amended, or required by provisions of federal law.
(Code 1876, §2842; Code 1886, §2533; Code 1896, §2059; Code 1907, §4186; Code 1923, §7908; Code 1940, T. 7, §651; Acts 1988, No. 88-294, p. 454, §2.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-38/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-38 - Contest of Exemption Claim - Proceedings When Homestead Found to Exceed Value or A...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-38 - Contest of Exemption Claim - Proceedings When Homestead Found to Exceed Value or Area Allowed.
|
Section 6-10-38
Contest of exemption claim - Proceedings when homestead found to exceed value or area allowed.
(a) If, on the trial of a contest of a claim of homestead exemption, it is found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have both claimed the exemption to which each is entitled, $10,000), or 160 acres in area, the court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter, commanding him to summon three disinterested householders or freeholders of the county in which the homestead is situated, who, after having been sworn by the sheriff or some officer authorized to administer oaths to faithfully discharge their duty, shall, if practicable, set off and allot, by metes and bounds, the homestead exempt to the defendant from levy and sale under process, having regard both to the quality and value of the real estate and to the selection of the defendant and taking land most contiguous to the dwelling, and including such dwelling and appurtenances. The commissioners, as soon as practicable, shall make return of the homestead so allotted and set off by them, in writing subscribed by them, to the sheriff, who shall make due return thereof to the court issuing the order; and the homestead, thus allotted and set off, shall be released from the levy and the residue of the land sold under the order of the court, unless for good cause shown, the courts shall set aside the commissioners' return, in which event another order for summoning commissioners shall be issued. If the commissioners summoned, or any of them, shall fail to act, the sheriff shall summon others to fill their places.
(b) If the homestead, after having been reduced to its lowest practicable area, still exceeds in value $5,000 (or if a husband and wife have both claimed the exemption to which each is entitled, $10,000) thereby rendering it impracticable to allot and set it off under subsection (a) of this section, the commissioners shall so make return to the sheriff, who shall thereupon proceed, as in other cases, to advertise and offer the same for sale under the process. If at the sale he receives a bid therefor exceeding $5,000 (or if a husband and wife have both claimed the exemption to which each is entitled, $10,000) he shall sell the same, and of the purchase money $5,000 shall be paid to the defendant (or if a husband and wife have both claimed the exemption, $5,000 paid to each), or into the court for him or her, in lieu of the homestead, and the excess only shall be applied to the satisfaction of the process; but if no bid in excess of $5,000 (or if a husband and wife have both claimed the exemption to which each is entitled, $10,000) shall be received, the sheriff shall discharge the levy at the plaintiff's cost and return the process, and thereafter no process issued to enforce the plaintiff's demand shall be levied on such homestead so long as it shall continue a homestead except on the written demand of the plaintiff accompanied by an offer in writing to purchase the same for an amount exceeding $5,000 (or if a husband and wife have both claimed the exemption to which each is entitled, $10,000), which offer must state the amount and, at the election of the defendant, shall be binding on the plaintiff.
(c) When a sale is made under subsection (b) of this section and any defendant dies before receiving their $5,000 standing in lieu of the homestead, the same shall be paid to his or her personal representative, who shall receive and hold it subject to the homestead rights of the defendant's surviving spouse and minor child or children, or either, if there be such; but, if there be none such, the personal representative shall first apply the same to the payment of the demand for the enforcement of which the process issued, and the balance he shall administer as personal assets of the estate.
(Code 1876, §2832; Code 1886, §§2534-2536; Code 1896, §§2060-2062; Code 1907, §§4187-4189; Code 1923, §§7909-7911; Code 1940, T. 7, §§652-654; Acts 1980, No. 80-569, p. 879, §5.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-39/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-39 - Interposition of Homestead Claim or Other Exemptions and Defense of Contest Thereo...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-39 - Interposition of Homestead Claim or Other Exemptions and Defense of Contest Thereof by Spouse or Minor Children.
|
Section 6-10-39
Interposition of homestead claim or other exemptions and defense of contest thereof by spouse or minor children.
If a husband, wife or parent, entitled to a homestead or other exemption, absconds or abandons his or her family, leaves the state, is insane, is confined under a charge or conviction for felony or misdemeanor, or is under any other disability or inability, the spouse or, if there is no spouse, the minor child or children, residents of this state with the intention so to continue, shall be entitled to interpose any and all claims of homestead or other exemption which the husband, wife, or parent could have interposed; but the right to such exemptions shall continue only so long as the spouse and minor child or children, or either, shall remain bona fide residents of this state. In the event of the death of the husband, wife or parent pending any contest of a claim of homestead or other exemption, such contest may be revived in the name of the surviving spouse, if there is one, or, if there is none, in the name of the minor child or children, if there are such; but if neither a surviving spouse nor minor child is left surviving, the claim of exemption shall abate and the property ordered sold for the satisfaction of the process. No judgment of condemnation or sale shall be made under this section until the spouse or, if there is no spouse, the minor child, shall have had 20 days' written notice of the levy of the execution, to be served by the sheriff.
(Code 1876, §2837; Code 1886, §2537; Code 1896, §2063; Code 1907, §4190; Code 1923, §655; Code 1940, T. 7, §655.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-40/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-40 - Sale of Land and Separation of Homestead Interest From That of Alienee.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-40 - Sale of Land and Separation of Homestead Interest From That of Alienee.
|
Section 6-10-40
Sale of land and separation of homestead interest from that of alienee.
When the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value and the husband or wife has aliened the same by deed, mortgage, or other conveyance without the voluntary signature and assent of the spouse, shown and acknowledged as required by law, the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or she fails to act, their minor child or children may, by filing a complaint, have the land sold and the homestead interest separated from that of the alienee.
(Code 1876, §2832; Code 1886, §2538; Code 1896, §2064; Code 1907, §4191; Code 1923, §7913; Code 1940, T. 7, §656; Acts 1980, No. 80-569, p. 879, §6.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-41/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-41 - Effect of Leaving Homestead Temporarily or Leasing Same.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-41 - Effect of Leaving Homestead Temporarily or Leasing Same.
|
Section 6-10-41
Effect of leaving homestead temporarily or leasing same.
When a declaration of claim to a homestead exemption has been filed in the office of the judge of probate, leaving the homestead temporarily or a leasing of the same shall not operate an abandonment thereof or render it subject to levy and sale, but the right thereto shall remain the same as if the actual occupancy thereof had continued.
(Code 1876, §2843; Code 1886, §2539; Code 1896, §2065; Code 1907, §4192; Code 1923, §7914; Code 1940, T. 7, §657.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-1/division-2/section-6-10-42/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 1 - Exemptions From Levy and Sale Under Process.›Division 2 - Claim and Contest of Exemptions.›Section 6-10-42 - When No Action Lies Against Officer Levying on Exempt Property.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 1 - Exemptions From Levy and Sale Under Process. › Division 2 - Claim and Contest of Exemptions. › Section 6-10-42 - When No Action Lies Against Officer Levying on Exempt Property.
|
Section 6-10-42
When no action lies against officer levying on exempt property.
If no declaration of claim of exemption has been filed in the office of the judge of probate or if so filed and the same is contested, no action shall lie against the officer levying the process on the ground that the property levied on is exempt.
(Code 1876, §2833; Code 1886, §2540; Code 1896, §2066; Code 1907, §4193; Code 1923, §7915; Code 1940, T. 7, §658.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-1/section-6-10-67/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 1 - General Provisions.›Section 6-10-67 - Right to Use of Property Before Such Set aPart And to Commence or Defend Actions T...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 1 - General Provisions. › Section 6-10-67 - Right to Use of Property Before Such Set aPart And to Commence or Defend Actions Thereon.
|
Section 6-10-67
Right to use of property before such set apart and to commence or defend actions thereon.
Before grant of administration and before the exempt property is set apart, the right of the surviving spouse and minor child or children, or either, to the use and benefit of such property shall be the same as if it had been set apart as exempt; and actions respecting the same may be commenced or defended by the surviving spouse or, if there is no surviving spouse, by the minor child, or children, as fully and to the same extent as if such property had been set apart as exempt from administration.
(Code 1886, §2564; Code 1896, §2076; Code 1907, §4203; Code 1923, §7925; Code 1940, T. 7, §668.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-81/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-81 - Appraisers - Duty to Set Apart Exempt Personal Property; Return of Report.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-81 - Appraisers - Duty to Set Apart Exempt Personal Property; Return of Report.
|
Section 6-10-81
Appraisers - Duty to set apart exempt personal property; return of report.
The appraisers, as early as practicable, shall set apart the exempt personal property, having regard, as far as consistent with their duties, to the selection made by the surviving spouse or the guardian of the minor child or children, if such selection is made; estimating it at its appraised value and permitting the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, the guardian of the minor child or children to select the same. Within 10 days thereafter, the appraisers shall return with the inventory and appraisement a report of the property so set apart, showing each item thereof and its appraised value.
(Code 1886, §2549; Code 1896, §2079; Code 1907, §4206; Code 1923, §7928; Code 1940, T. 7, §671; Acts 1982, No. 82-399, p. 578, §8-102.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-82/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-82 - Appraisers - Report of Homestead Appraisement.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-82 - Appraisers - Report of Homestead Appraisement.
|
Section 6-10-82
Appraisers - Report of homestead appraisement.
The appraisers shall also appraise the homestead of the decedent occupied by the decedent at the time of death or to which the decedent was then entitled, and they shall report the appraisement thereof when the inventory and appraisement of the personal property are returned, with a full and accurate description of the same.
(Code 1886, §2550; Code 1896, §2080; Code 1907, §4207; Code 1923, §7929; Code 1940, T. 7, §672; Acts 1982, No. 82-399, p. 578, §8-102.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-83/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-83 - Proceedings to Set Apart Homestead When Same Exceeds Value Allowed.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-83 - Proceedings to Set Apart Homestead When Same Exceeds Value Allowed.
|
Section 6-10-83
Proceedings to set apart homestead when same exceeds value allowed.
When it appears from the report of the appraisers that the homestead exceeds in value $6,000, the probate court shall forthwith appoint three commissioners, who shall, as soon as practicable not exceeding 30 days after their appointment, set off and allot the homestead exempt, having regard to both the quality and value of the property and to the selection of the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, of the guardian of the minor child or children, if there is such guardian; and, within 10 days thereafter, the commissioners shall return to the court in writing the homestead set off and allotted by them.
(Code 1886, §2551; Code 1896, §2081; Code 1907, §4208; Code 1923, §7930; Code 1940, T. 7, §673; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-84/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-84 - Proceedings on Failure of Appraisers to Set Apart Exemptions or to Appraise Homest...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-84 - Proceedings on Failure of Appraisers to Set Apart Exemptions or to Appraise Homestead.
|
Section 6-10-84
Proceedings on failure of appraisers to set apart exemptions or to appraise homestead.
If, for more than 20 days after the grant of administration, the appraisers should fail to set apart the personal property exempt in favor of the surviving spouse and minor child or children, or either, or to appraise the homestead or to make the report in reference to the homestead required in Section 6-10-82, then, upon the written application of the surviving spouse or of the guardian of the minor child or children, the probate court shall appoint three commissioners who shall, as soon as practicable thereafter not exceeding 30 days, set apart the personal property exempt and appraise the homestead in the manner required of the appraisers; and, if practicable, they shall also allot and set off the homestead exemption in the manner provided in Section 6-10-83. Within 10 days thereafter they shall report to the court in writing the personal property set apart, with the value of each item thereof, and the homestead allotted and set off, with a full and accurate description of the same. If the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value, thereby rendering it impracticable to allot and set it off, the commissioners shall report that fact.
(Code 1886, §2552; Code 1896, §2082; Code 1907, §4209; Code 1923, §7931; Code 1940, T. 7, §674; Acts 1951, No. 911, p. 1558, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-85/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-85 - How Exemption in Lieu of Homestead Claimed and Set Apart.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-85 - How Exemption in Lieu of Homestead Claimed and Set Apart.
|
Section 6-10-85
How exemption in lieu of homestead claimed and set apart.
When an exemption of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing, duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child or children, or either, as the case may be, in the probate court having jurisdiction of the administration of the estate, setting forth the facts authorizing such exemption, describing the real estate out of which the exemption is claimed and stating its value. Thereupon the court shall appoint three commissioners who shall set off and allot the same by metes and bounds; and, within 10 days thereafter, they shall make a written report to the court of the exemption set off and allotted by them.
(Code 1886, §2553; Code 1896, §2083; Code 1907, §4210; Code 1923, §7932; Code 1940, T. 7, §675.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-86/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-86 - Report of Appraisers or Commissioners - Exceptions; Notice of Time Set for Hearing...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-86 - Report of Appraisers or Commissioners - Exceptions; Notice of Time Set for Hearing Thereon.
|
Section 6-10-86
Report of appraisers or commissioners - Exceptions; notice of time set for hearing thereon.
When any homestead or other exemption has been allotted or set apart by the appraisers or by commissioners, the personal representative, surviving spouse, minor child or children, or other person in interest feeling aggrieved may, within 30 days after the making of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon the court must fix a day for the hearing of the exceptions, of which 10 days' notice must be given by personal service, if the adverse parties reside in the state or, if they reside out of the state, by publication in some newspaper published in the county. If the exceptions are filed by the surviving spouse and minor child or children, or either, such notice must be served on the personal representative, but if filed by the personal representative or other person, the notice must be served on the surviving spouse, if there is one, or, if not and the minor children are over the age of 14 years, on them, but if they are under the age of 14 years, then on their guardian or, if there is none, on the person having the charge or custody of them. If there is no guardian, the court must appoint a guardian ad litem to represent such minor child or children.
(Code 1876, §2841; Code 1886, §2554; Code 1896, §2084; Code 1907, §4211; Code 1923, §7933; Code 1940, T. 7, §676.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-87/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-87 - Report of Appraisers or Commissioners - Notice to Next of Kin of Decedent of Date...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-87 - Report of Appraisers or Commissioners - Notice to Next of Kin of Decedent of Date Set for Hearing of Report on Exemptions.
|
Section 6-10-87
Report of appraisers or commissioners - Notice to next of kin of decedent of date set for hearing of report on exemptions.
In all cases where exemptions of real or personal property have been reported by appraisers or commissioners to the surviving spouse and minor child or children, or either, it shall be the duty of the probate judge, immediately upon the filing of the report of such appraisers or commissioners, to give 10 days' notice thereof and of the day set for the hearing of said report to the next of kin of decedent, which date of hearing shall not be less than 30 days from the filing of said report. If any of said next of kin are nonresidents of the state, said notice shall be given by publication once a week for three successive weeks in some newspaper published in the county or, if none is published in the county, by posting such notice for said length of time at the courthouse door and three other public places in the county.
(Code 1923, §7934; Code 1940, T. 7, §677.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-88/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-88 - Report of Appraisers or Commissioners - Hearing and Determination on Exceptions; P...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-88 - Report of Appraisers or Commissioners - Hearing and Determination on Exceptions; Proceedings When Exemption of Personalty Excessive or Insufficient.
|
Section 6-10-88
Report of appraisers or commissioners - Hearing and determination on exceptions; proceedings when exemption of personalty excessive or insufficient.
(a) On the day fixed for the hearing of such exceptions, an issue shall be made up under the direction of the court and the same shall be tried as other issues in the court are tried, the party excepting being the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm or set aside the report, as the right may appear.
(b) But if the exceptions relate to the exemption of personal property and are based on the ground that it is excessive or insufficient, the court, if the exceptions are sustained, must not set aside the report, but shall ascertain the amount of such excess or insufficiency and, if excessive, shall order the restoration to the personal representative of property sufficient in value to cure the excess, describing the same, and shall enforce such order by a writ of restitution; but, if insufficient, the court shall order the personal representative to deliver to the party, or parties thereto entitled property sufficient to make up the deficiency, and the personal representative shall forthwith obey such order and report to the court the property so delivered by him and its value.
(Code 1886, §§2555, 2556; Code 1896, §§2085, 2086; Code 1907, §§4212, 4213; Code 1923, §§7935, 7936; Code 1940, T. 7, §§678, 679.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-89/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-89 - Report of Appraisers or Commissioners - Proceedings When Report Set Aside.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-89 - Report of Appraisers or Commissioners - Proceedings When Report Set Aside.
|
Section 6-10-89
Report of appraisers or commissioners - Proceedings when report set aside.
If the report is set aside, the court must appoint three commissioners who shall allot and set apart such exemptions and report the same to the court under the provisions of this division, when the same proceedings may be had as on the report first made and so on until the exemptions are finally allowed.
(Code 1886, §2557; Code 1896, §2087; Code 1907, §4214; Code 1923, §7937; Code 1940, T. 7, §680.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-90/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-90 - Report of Appraisers or Commissioners - Taxation of Cost on Exceptions Being Filed...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-90 - Report of Appraisers or Commissioners - Taxation of Cost on Exceptions Being Filed.
|
Section 6-10-90
Report of appraisers or commissioners - Taxation of cost on exceptions being filed.
If the exceptions are filed by the surviving spouse or on behalf of the minor child or children and are not sustained, the costs shall be taxed against the surviving spouse or the next friend of the child or children, or against both if they are joined in the exceptions, and in all other cases against the unsuccessful party.
(Code 1886, §2558; Code 1896, §2088; Code 1907, §4215; Code 1923, §7938; Code 1940, T. 7, §681.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-91/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-91 - Report of Appraisers or Commissioners - Appeal From Decree on Exceptions.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-91 - Report of Appraisers or Commissioners - Appeal From Decree on Exceptions.
|
Section 6-10-91
Report of appraisers or commissioners - Appeal from decree on exceptions.
From the decree of the probate court pronounced on such exceptions, either party feeling aggrieved may within 42 days appeal to the supreme court by filing a notice of appeal with the probate court. Such appeal shall be taken in accordance with the Alabama Rules of Appellate Procedure.
(Code 1876, §2841; Code 1886, §2559; Code 1896, §2089; Code 1907, §4216; Code 1923, §7939; Code 1940, T. 7, §682.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-92/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-92 - Exceptions to Report of Appraisers That Homestead Does Not Exceed Allowance.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-92 - Exceptions to Report of Appraisers That Homestead Does Not Exceed Allowance.
|
Section 6-10-92
Exceptions to report of appraisers that homestead does not exceed allowance.
When the report of the appraisers shows that the homestead does not exceed in value $6,000, exceptions may be filed thereto by the personal representative or other person in adverse interest; and, if such exceptions are filed, proceedings may be had thereof as in case of a report allotting or setting apart the homestead.
(Code 1886, §2560; Code 1896, §2090; Code 1907, §4217; Code 1923, §7940; Code 1940, T. 7, §683; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-93/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-93 - Confirmation of Reports When No Exceptions Filed.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-93 - Confirmation of Reports When No Exceptions Filed.
|
Section 6-10-93
Confirmation of reports when no exceptions filed.
If no exceptions are filed to the report of the appraisers under the provisions of this division or to the report allotting or setting apart any homestead or other exemption within the time allowed for filing such exceptions, a decree must be entered confirming the report and allowing the exemption as reported.
(Code 1886, §2561; Code 1896, §2091; Code 1907, §4218; Code 1923, §7941; Code 1940, T. 7, §684.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-94/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-94 - Reduced Homestead Incapable of Allotment - Possession by Surviving Spouse and Mino...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-94 - Reduced Homestead Incapable of Allotment - Possession by Surviving Spouse and Minor Children Until Sold, Etc.
|
Section 6-10-94
Reduced homestead incapable of allotment - Possession by surviving spouse and minor children until sold, etc.
When the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value and no exemption in lieu of homestead has been obtained, the surviving spouse and minor child or children, or either, may retain the possession of the homestead as thus reduced, free from the payment of rent, until the same shall be sold or there is a division of the lands of the decedent; and in the event of a sale of such homestead in the course of administration, it shall be sold separately from the other lands of the decedent, if there be other.
(Code 1896, §2092; Code 1907, §4219; Code 1923, §7942; Code 1940, T. 7, §685; Acts 1951, No. 911, p. 1558, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-95/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-95 - Reduced Homestead Incapable of Allotment - Sale - When Allowed.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-95 - Reduced Homestead Incapable of Allotment - Sale - When Allowed.
|
Section 6-10-95
Reduced homestead incapable of allotment - Sale - When allowed.
The homestead of a decedent may be sold by order of the court having jurisdiction of the estate, on petition of executor or administrator, when the same, after being reduced to its lowest area, exceeds $6,000 in value and when it is necessary that the same be sold for the payment of debts because the remainder of the estate is insufficient to pay all debts and claims against the estate and the surviving spouse or minor children fail to pay the deficiency within 30 days after notice of said petition.
(Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p. 1558, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-96/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-96 - Reduced Homestead Incapable of Allotment - Sale - Proof of Facts; Order and Notice...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-96 - Reduced Homestead Incapable of Allotment - Sale - Proof of Facts; Order and Notice; Terms; Application of Proceeds.
|
Section 6-10-96
Reduced homestead incapable of allotment - Sale - Proof of facts; order and notice; terms; application of proceeds.
The facts stated in the application to sell the homestead for setting apart of exemptions may be proved by the oral testimony of witnesses or by the records of the probate court, and if the facts stated in such application are proven to the satisfaction of the court by the evidence, the court may order the sale of said homestead, and notice of said sale shall be given as directed by Section 43-2-455. Said homestead must be sold on such terms as the court may direct, not exceeding a credit of three years, but in no case shall the cash payment be less than $6,000, and said sum of $6,000 shall, in the discretion of the court, be applied by the court to the purchase of a homestead for the benefit of such surviving spouse and minor children, or either of them, or be paid by the court to the surviving spouse for the use and support of said surviving spouse and minor child or children, or either, or, if no surviving spouse, to the guardian of said minors, upon such provisions, conditions, or limitations as to the court shall seem proper in the premises; provided, that the surviving spouse or guardian shall give bond in double the amount of said sum, with good and sufficient sureties to be approved by the court granting the decree, conditioned, as in the case of guardian and ward, that the said fund shall be faithfully kept and used exclusively for the support and maintenance of the surviving spouse and minor children and for the education of the minor children, if any. The surviving spouse or guardian, as the case may be, shall make an annual report to the court of all receipts and expenditures relating to said fund, which report is subject to the approval of the court.
(Code 1923, §5860; Code 1940, T. 7, §687; Acts 1951, No. 911, p. 1558, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-97/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-97 - Reduced Homestead Incapable of Allotment - Sale - Proceedings When No Bid in Exces...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-97 - Reduced Homestead Incapable of Allotment - Sale - Proceedings When No Bid in Excess of $6,000 Received.
|
Section 6-10-97
Reduced homestead incapable of allotment - Sale - Proceedings when no bid in excess of $6,000 received.
(a) If, at such sale or any subsequent sale, no bid in excess of $6,000 is received, the representative must report that fact to the court; and thereupon the court must make an order directing the report to lie over 30 days, during which time any person interested in the sale may file written exceptions attacking the fairness of the sale, stating the grounds of such exceptions. Upon the filing of such exceptions, a day must be appointed to hear the same, 10 days' notice thereof given and other proceedings had as provided in this division for the hearing of exceptions to a report allotting homestead, so far as such provisions are applicable.
(b) If, on the hearing of such exceptions, the court is satisfied from the evidence that the failure to obtain a bid of more than $6,000 was due to a want of fairness in the conduct of the sale or to fraud or collusion thereat, an order must be made directing a resale of such homestead, but if no exceptions are filed and sustained to such report, the court must make an order revoking the order of sale of the homestead and setting apart such homestead to the surviving spouse and minor child or children, or either, as the case may be.
(Code 1896, §§2095, 2096; Code 1907, §§4222, 4223; Code 1923, §§7946, 7947; Code 1940, T. 7, §§692, 693; Acts 1951, No. 911, p. 1558, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-98/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-98 - Reduced Homestead Incapable of Allotment - Sale - Purchase by Persons Entitled to...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-98 - Reduced Homestead Incapable of Allotment - Sale - Purchase by Persons Entitled to Homestead Exemption.
|
Section 6-10-98
Reduced homestead incapable of allotment - Sale - Purchase by persons entitled to homestead exemption.
When the purchase of such homestead is by or on behalf of the persons entitled to the homestead exemptions, the sum of $6,000 need not be actually paid to the representative, but, if the sale is confirmed, may be credited on the bid; and on the payment of the residue of such bid, a proper conveyance must be made to them as such purchasers, vesting the title in the persons entitled to the exemption, share and share alike, and be held and governed by Section 6-10-60.
(Code 1896, §2094; Code 1907, §4221; Code 1923, §7945; Code 1940, T. 7, §691; Acts 1951, No. 911, p. 1558, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-99/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-99 - Payment by Devisees to Clear Property of Homestead Right.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-99 - Payment by Devisees to Clear Property of Homestead Right.
|
Section 6-10-99
Payment by devisees to clear property of homestead right.
Where a homestead right exists in property devised by will, the person or persons to whom said property is devised may clear the said property of such homestead right by paying to the personal representative, in lieu of such right, the sum of $6,000. Said sum shall be held and used by such personal representative in all respects as provided in Section 6-10-96 where land incapable of allotment is ordered to be sold. Said personal representative shall report the payment of said funds and how he has disposed of same to the probate court having jurisdiction of said estate, which report must be filed and recorded.
(Code 1923, §7944; Code 1940, T. 7, §689; Acts 1951, No. 911, p. 1558, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-100/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-100 - Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent's...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-100 - Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent's Estate Within 60 Days After Death - Generally.
|
Section 6-10-100
Proceedings to set apart exemptions when administration not granted on decedent's estate within 60 days after death - Generally.
(a) When the property, real or personal, owned by a decedent at the time of his death does not exceed in amount and value the exemption allowed in favor of his or her surviving spouse and minor child or children, or either, and no administration is granted on his estate within 60 days after his death, the probate court of the county in which he resided at the time of his death, upon the application of the surviving spouse or, if there is no surviving spouse or he or she does not act, upon the application of a suitable person who shall be appointed by the judge of probate as the next friend of such minor child or children, verified by oath and setting forth such facts, as well as the names, condition, and residence, if known, of the heirs of the decedent other than the minor children of the decedent, must appoint two commissioners, who shall make a full and complete inventory and appraisement of the real or personal property, or both, of such decedent, describing the property and stating the value of each item or parcel thereof. In estimating the value of such property, or any part thereof, if the same is held in pledge or under mortgage or other lien or encumbrance created prior to the death of the decedent, such encumbered property must be valued at only the excess of its value over and above the sum of such liens or other encumbrances.
(b) If such property, real or personal, or both, does not exceed in amount or value the exemptions allowed in such property, the commissioners must set apart the same to the surviving spouse and minor child or children, or either, as exempt from administration; and within 10 days thereafter, they shall return to the court the inventory and appraisement, with a report of their action in the premises. Exceptions to such report may be filed, heard, and determined as in other cases of exceptions to reports setting apart exemptions.
(Code 1886, §§2562, 2563; Code 1896, §§2097-2099; Code 1907, §§4224-4226; Code 1923, §§7948-7950; Code 1940, T. 7, §§694-696; Acts 1947, No. 132, p. 41.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-101/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-101 - Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent's...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-101 - Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent's Estate Within 60 Days After Death - Vesting of Title to Real Property in Surviving Spouse and Minors and Right to Possession Thereof.
|
Section 6-10-101
Proceedings to set apart exemptions when administration not granted on decedent's estate within 60 days after death - Vesting of title to real property in surviving spouse and minors and right to possession thereof.
If no exceptions are filed and sustained to such report of the commissioners setting apart the homestead exemption, the title to the real property so set aside shall vest in the surviving spouse and minors, share and share alike, but only during the life of the surviving spouse and minority of the children. If all the real property left by the decedent in this state does not exceed in area and value the homestead allowed by law as exempt, title to all such real property shall vest absolutely in the surviving spouse, the children (minors and adults) and the descendants of deceased children, or, if there is no surviving spouse, in the children and the descendants of deceased children, or, if there are no children or descendants of deceased children, in the surviving spouse; provided, that when the homestead is so vested and there are a surviving spouse and minor children, the surviving spouse and minor children shall be entitled to the exclusive possession of such real property for the life of the surviving spouse and the minority of the children; where there are both minor and adult children, the minor children shall be entitled to the exclusive possession of such real property during their minority; and where there is a surviving spouse but no minor children, such surviving spouse shall be entitled to the exclusive possession of such property during his or her life. The homestead so vested shall not be sold for division during the life of the surviving spouse and the minority of the child or children of the decedent without the consent of the surviving spouse and the legally appointed representative of the minor child or children.
(Code 1896, §2100; Code 1907, §4227; Code 1923, §7951; Code 1940, T. 7, §697; Acts 1947, No. 216, p. 88; Acts 1951, No. 911, p. 1558, §1; Acts 1953, No. 837, p. 1128, §2.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-102/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-102 - Effect of Removal From Homestead.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-102 - Effect of Removal From Homestead.
|
Section 6-10-102
Effect of removal from homestead.
When homestead exemption has been allotted to the surviving spouse and minor child or children, or either, under any of the provisions of this division, they shall not be held to have abandoned or forfeited the same by a removal therefrom.
(Code 1896, §2101; Code 1907, §4228; Code 1923, §7952; Code 1940, T. 7, §698.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-103/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-103 - Commissioners - Qualifications; Oath.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-103 - Commissioners - Qualifications; Oath.
|
Section 6-10-103
Commissioners - Qualifications; oath.
Commissioners appointed to allot or set apart homestead or other exemptions under this division must be disinterested householders or freeholders of the county and, before executing their commission, must be sworn by some officer authorized to administer oaths, or by one of themselves, to faithfully discharge the duties for which they were appointed.
(Code 1886, §2565; Code 1896, §2102; Code 1907, §4229; Code 1923, §7953; Code 1940, T. 7, §699.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-104/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-104 - Commissioners - Compensation.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-104 - Commissioners - Compensation.
|
Section 6-10-104
Commissioners - Compensation.
Commissioners appointed under the provisions of this division shall be entitled to compensation for their services at the rate of $2 per day during the time they are actually engaged.
(Code 1886, §2566; Code 1896, §2103; Code 1907, §4230; Code 1923, §7954; Code 1940, T. 7, §700.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-105/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-105 - Recordation of Judgments Allotting Homestead Exemptions; Fee Therefor.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-105 - Recordation of Judgments Allotting Homestead Exemptions; Fee Therefor.
|
Section 6-10-105
Recordation of judgments allotting homestead exemptions; fee therefor.
All judgments or decrees allotting homestead exemptions to surviving spouses and minors may be recorded in the probate office as other deeds and conveyances are recorded and in the books of record for recording deeds, so as to show the chain of title to the lands so allotted; and the probate judge shall be allowed the same fees as for the recording of other conveyances.
(Code 1923, §7955; Code 1940, T. 7, §701.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-106/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-106 - Proceedings to Set Aside Exemptions When Husband, Wife, or Parent Absent Seven Ye...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-106 - Proceedings to Set Aside Exemptions When Husband, Wife, or Parent Absent Seven Years and Residence Not Ascertainable - Generally.
|
Section 6-10-106
Proceedings to set aside exemptions when husband, wife, or parent absent seven years and residence not ascertainable - Generally.
(a) When the real and personal property owned by an absent husband, wife, or parent who has not been heard from and whose residence has been unknown for seven years and whose residence cannot be ascertained by diligent inquiry does not exceed in amount and value the exemptions allowed in favor of his or her surviving spouse and minor child or children, or either, the probate court of the county in which he or she resided before leaving his or her spouse or children, upon the application of the deserted spouse or, if there is no spouse or he or she does not act, upon the application of the guardian or of a suitable person who shall be appointed by the judge of probate as next friend of such minor children, verified by oath and setting forth such facts, must appoint two commissioners, who shall make a full and complete inventory and appraisement of the real and personal property of such absent husband or wife and parent, describing the property and stating the value of each item or parcel thereof. In estimating the value of such property, or any part thereof, if the same is held in pledge or under mortgage or other lien or encumbrance created prior to the commencement of the absence of the said husband, wife, or parent, such encumbered property must be valued at only the excess in its value over and above the sum of such lien or encumbrance.
(b) If such property, real or personal, or both, does not exceed in amount or value the exemptions allowed a surviving spouse and minor children in such property, the commissioners must set apart the same to the said deserted spouse and minor children, or either; and within 10 days thereafter, they shall return to the court the inventory and appraisement, with a report of their action in the premises. Exceptions to such report must be filed, heard, and determined as in other cases of exceptions to reports setting apart exemptions.
(Acts 1923, No. 368, p. 388; Code 1923, §§7957, 7958; Code 1940, T. 7, §§703, 704.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-2/division-2/section-6-10-107/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 2 - Exemptions From Administration and Payment of Debts.›Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.›Section 6-10-107 - Proceedings to Set Aside Exemptions When Husband, Wife or Parent Absent Seven Yea...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 2 - Exemptions From Administration and Payment of Debts. › Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children. › Section 6-10-107 - Proceedings to Set Aside Exemptions When Husband, Wife or Parent Absent Seven Years and Residence Not Ascertainable - Vesting for Life of Title to Property in Deserted Spouse or Minors.
|
Section 6-10-107
Proceedings to set aside exemptions when husband, wife or parent absent seven years and residence not ascertainable - Vesting for life of title to property in deserted spouse or minors.
If no exceptions are filed and sustained to such report of the commissioners setting apart exemptions and it is determined that the property set apart was all the property owned by the absentee spouse at the time he or she left and that he or she left less property than was exempt to a surviving spouse and minor children of decedents, the title to the property so set aside, whether real or personal, shall vest for the life of the deserted spouse or the minority of the children, whichever may last terminate.
(Acts 1923, No. 368, p. 388; Code 1923, §7959; Code 1940, T. 7, §705; Acts 1951, No. 911, p. 1558, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-120/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-120 - Right to Waive.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-120 - Right to Waive.
|
Section 6-10-120
Right to waive.
Any person, by an instrument in writing, may waive his or her right to an exemption in any property exempt from levy and sale under execution or other process.
(Code 1876, §2846; Code 1886, §2567; Code 1896, §2104; Code 1907, §4231; Code 1923, §7960; Code 1940, T. 7, §706.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-121/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-121 - How Made - Personalty.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-121 - How Made - Personalty.
|
Section 6-10-121
How made - Personalty.
As to personal property, the waiver may be made by a separate instrument in writing, subscribed by the party making the same, or it may be included in any bond, bill of exchange, promissory note, or other written contract executed by him or her.
(Code 1876, §§2847, 2848; Code 1886, §2568; Code 1896, §2105; Code 1907, §4232; Code 1923, §7961; Code 1940, T. 7, §707.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-122/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-122 - How Made - Homestead.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-122 - How Made - Homestead.
|
Section 6-10-122
How made - Homestead.
As to the homestead, the waiver must be by a separate instrument in writing, subscribed by the party making the same and attested by one witness. If such party is a married man, such waiver shall not be valid without the voluntary signature and assent of the wife and acknowledgment by her before an officer authorized to take acknowledgments in the form of the individual acknowledgment prescribed by this Code. If such party is a married woman, such waiver shall be executed only in the mode prescribed by Section 30-4-12 for the alienation of her lands.
(Code 1876, §§2847, 2848; Code 1886, §2569; Code 1896, §2106; Code 1907, §4233; Code 1923, §7962; Code 1940, T. 7, §708; Acts 1951, No. 84, p. 301.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-123/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-123 - Enforcement in Action.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-123 - Enforcement in Action.
|
Section 6-10-123
Enforcement in action.
In any civil action, in which a waiver of the right of homestead or other exemption is sought to be enforced, the fact of waiver and its extent must be averred in the complaint or petition and by appropriate pleading may be controverted. If such averment is sustained, the fact of waiver and its extent must be declared in the judgment and endorsed on the execution or other process issued thereon. Such waiver shall extend to the costs of the action.
(Code 1876, §2849; Code 1886, §2570; Code 1896, §2107; Code 1907, §4234; Code 1923, §7963; Code 1940, T. 7, §709.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-124/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-124 - Attachment - Endorsement on Writ.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-124 - Attachment - Endorsement on Writ.
|
Section 6-10-124
Attachment - Endorsement on writ.
When such action is commenced by attachment or, in aid thereof, an ancillary attachment is sued out, the officer issuing the writ of the plaintiff, in person or by his agent or attorney, producing before him the written evidence of the waiver or making and filing with him an affidavit that the exemption has been waived, must endorse on the writ the fact of such waiver and the extent thereof.
(Code 1876, §2850; Code 1886, §2571; Code 1896, §2108; Code 1907, §4235; Code 1923, §7964; Code 1940, T. 7, §710.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-125/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-125 - Attachment - Proceedings When Waiver Not Sustained.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-125 - Attachment - Proceedings When Waiver Not Sustained.
|
Section 6-10-125
Attachment - Proceedings when waiver not sustained.
When such attachment is levied on property embraced in a declaration of claim of exemption which has been filed for record, or subsequent to the levy a claim to such property as exempt is interposed, if, on the trial, the averment of waiver is not sustained, the levy shall be discharged and the property returned to the defendant, unless the plaintiff, within five days after judgment, shall contest the claim. If such plaintiff should desire to contest, such contest may be instituted and prosecuted as in other cases.
(Code 1886, §2572; Code 1896, §2109; Code 1907, §4236; Code 1923, §7965; Code 1940, T. 7, §711.)
|
https://law.justia.com/codes/alabama/title-6/chapter-10/article-3/section-6-10-126/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 10 - Exemptions.›Article 3 - Waiver of Right to Exemptions.›Section 6-10-126 - Exceptions.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-126 - Exceptions.
|
Section 6-10-126
Exceptions.
(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.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-1 - Damages Assessed by Factfinder to Be Itemized; Future Damages Not to Be Reduced to...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-1 - Damages Assessed by Factfinder to Be Itemized; Future Damages Not to Be Reduced to Present Value.
|
Section 6-11-1
Damages assessed by factfinder to be itemized; future damages not to be reduced to present value.
In any civil action based upon tort and any action for personal injury based upon breach of warranty, except actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, the damages assessed by the factfinder shall be itemized as follows:
(1) Past damages.
(2) Future damages.
(3) Punitive damages.
The factfinder shall not reduce any future damages to present value. Where the court determines that any one or more of the above categories is not recoverable in the action, those categories shall be omitted from the itemization.
(Acts 1987, No. 87-183, p. 245, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-2 - Definitions.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-2 - Definitions.
|
Section 6-11-2
Definitions.
For purposes of this article, the following definitions shall apply:
(1) PAST DAMAGES. Damages and losses suffered or incurred prior to the date of judgment.
(2) FUTURE DAMAGES. Damages and losses reasonably anticipated to be suffered or incurred following the date of judgment.
As used herein, the terms "plaintiff" and "defendant" shall include the singular and the plural.
(Acts 1987, No. 87-183, p. 245, §2.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-3 - Future Damages; Requirements if Damages Greater Than $150,000; Attorney's Fees; Per...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-3 - Future Damages; Requirements if Damages Greater Than $150,000; Attorney's Fees; Periodic Payments Over Period of Years; Specific Findings; Evidence of Financial Ability to Make Payments; Evidence of Present Value Inadmissible.
|
Section 6-11-3
Future damages; requirements if damages greater than $150,000; attorney's fees; periodic payments over period of years; specific findings; evidence of financial ability to make payments; evidence of present value inadmissible.
Where the damages assessed against a defendant by the trier of fact include an award of future damages, the trial court shall comply with the following in rendering its judgment in the case:
(1) Judgment shall be entered against the defendant for all past damages and punitive damages assessed against the defendant by the trier of fact.
(2) If the award of future damages assessed by the trier of fact is $150,000 or less, the trial court shall enter judgment against the defendants for the amount of such future damages.
(3) If the award of future damages assessed by the trier of fact is greater than $150,000, the trial court shall enter judgment as follows:
a. Judgment shall be entered against the defendant for $150,000 of such future damage.
b. If, as part of the plaintiff's contract with his attorney, the plaintiff is obligated to pay his attorney a fee based on that portion of the award of future damages which exceeds $150,000, the court shall determine what portion of the award of future damages in excess of $150,000 is owed to the attorney under the contract and shall enter judgment for the remainder of the award of future damages in excess of $150,000 as provided in c, below. As to that portion of the award of future damages in excess of $150,000 which is owed to the plaintiff's attorney, that portion shall be reduced to present value by the court and judgment shall be entered against the defendant for the reduced amount.
c.1. For that portion of a future damage award in excess of $150,000 and in excess of the attorney's fee subject to b, judgment shall be entered requiring the defendant to pay that portion of such future damages by periodic payments over a period of years not to exceed such period of years as, according to the evidence offered during the trial of the case, such future damages may be incurred. In entering a judgment against the defendants ordering the payment of future damages by periodic payment, the trial court shall make a specific finding as to the dollar amount of periodic payments which will compensate the judgment creditor for such future damages as the same may be incurred, as determined from the evidence offered during the trial of the case. If, or to the extent that, the evidence offered at trial did not indicate the approximate time or time frame or both within which the future damages would be incurred, the trial court, for the purpose of determining the amount of periodic payments and the interval between such payments, shall conclusively presume that such damages will be incurred throughout the life expectancy of the judgment creditor on an equal periodic basis. The judgment ordering payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amounts of the payments, the interval between payments, and the number of payments or period of time over which payments shall be made. The total amount of all periodic payments when added to the sum of $150,000 and when added to that portion of the future damages award, not reduced to present value, which was used to calculate the attorney's fee in paragraph b, above, shall not exceed the total amount of future damages contained in the verdict of the trier of fact.
2. As a condition to authorizing periodic payments for future damages, the court must receive adequate assurance that the defendant can and will make all required payments. Such assurance may include the requirement that the defendant either have sufficient financial ability to make all required payments, post adequate bond, or other security, give evidence that there exists an insurance company, registered in this state, which is obligated to pay the judgment, or purchase an annuity of sufficient value to pay the future damages as structured, or any accelerated payments of those damages which might be required by this article. Nothing contained herein shall be construed as limiting the authority of the trial court to order a new trial, enter a judgment notwithstanding the verdict, or order a remittitur of damages. The provisions of this section shall also apply to any judgment following remittitur.
3. An award of future damages shall not be reduced to present value by the court, except as required in b above, and no interest is to be charged on said damages. Evidence of the present value of future damages is inadmissible in cases covered by this article, except at a hearing authorized by Section 6-11-5. If, however, the court determines that damages which should be structured pursuant to c above, cannot be structured due to the failure of the defendant to provide the financial assurances required in c 2 above, that portion of the future damage award shall be reduced to present value by the court prior to entry of judgment.
(Acts 1987, No. 87-183, p. 245, §3.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-4 - Requirements When Judgment Structured; Termination.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-4 - Requirements When Judgment Structured; Termination.
|
Section 6-11-4
Requirements when judgment structured; termination.
Where a judgment is structured pursuant to Section 6-11-3 above, the following shall apply:
(1) Should the judgment creditor die before the final installment is paid, the remaining payments shall be made to the estate of the decedent, or as otherwise directed by the court having jurisdiction over the estate.
(2) Where an installment payment is more than 15 days late, there shall be added to the amount due for that installment interest from the date payment was due at the rate of 20 percent per annum, compounded daily, and attorney's fee if necessary to collect the amount due.
(3) Upon motion of the judgment creditor, or his estate in the event of this death, the structure may be terminated and all unpaid installments declared immediately due if the court finds that the judgment debtor has exhibited a continuing pattern of failing to pay installments when due or that there is a reasonable likelihood that future payments may not be timely made. In all such cases, the court may further assess the debtor with costs and the creditor's attorney's fees relating to all proceedings conducted pursuant to this paragraph.
(4) No certificate of judgment shall issue or be recorded against any defendant for that portion of an award of future damages which is structured.
(Acts 1987, No. 87-183, p. 245, §4.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-5 - Court to Conduct Hearings and Receive Evidence.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-5 - Court to Conduct Hearings and Receive Evidence.
|
Section 6-11-5
Court to conduct hearings and receive evidence.
The court may conduct hearings and receive such evidence as is deemed necessary in order to make the determinations required in Section 6-11-3 and Section 6-11-4.
(Acts 1987, No. 87-183, p. 245, §5.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-6 - Damages Not Affected.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-6 - Damages Not Affected.
|
Section 6-11-6
Damages not affected.
Nothing in this article shall be construed to alter or affect the nature, elements, form, or amount of damages recoverable in any action.
(Acts 1987, No. 87-183, p. 245, §6.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-1/section-6-11-7/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 1 - Structured Damages.›Section 6-11-7 - Prior Rights Not Affected.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-7 - Prior Rights Not Affected.
|
Section 6-11-7
Prior rights not affected.
This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987.
(Acts 1987, No. 87-183, p. 245, §8.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-20/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-20 - Punitive Damages Not to Be Awarded Other Than Where Clear and Convincing Evidence...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-20 - Punitive Damages Not to Be Awarded Other Than Where Clear and Convincing Evidence Proven; Definitions.
|
Section 6-11-20
Punitive damages not to be awarded other than where clear and convincing evidence proven; definitions.
(a) Punitive damages may not be awarded in any civil action, except civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort action where it is proven by clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff. Nothing contained in this article is to be construed as creating any claim for punitive damages which is not now present under the law of the State of Alabama.
(b) As used in this article, the following definitions shall apply:
(1) FRAUD. An intentional misrepresentation, deceit, or concealment of a material fact the concealing party had a duty to disclose, which was gross, oppressive, or malicious and committed with the intention on the part of the defendant of thereby depriving a person or entity of property or legal rights or otherwise causing injury.
(2) MALICE. The intentional doing of a wrongful act without just cause or excuse, either:
a. With an intent to injure the person or property of another person or entity, or
b. Under such circumstances that the law will imply an evil intent.
(3) WANTONNESS. Conduct which is carried on with a reckless or conscious disregard of the rights or safety of others.
(4) CLEAR AND CONVINCING EVIDENCE. Evidence that, when weighed against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt.
(5) OPPRESSION. Subjecting a person to cruel and unjust hardship in conscious disregard of that person's rights.
(Acts 1987, No. 87-185, p. 251, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-21/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-21 - Punitive Damages Not to Exceed Certain Limits.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-21 - Punitive Damages Not to Exceed Certain Limits.
|
Section 6-11-21
Punitive damages not to exceed certain limits.
(a) Except as provided in subsections (b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater.
(b) Except as provided in subsections (d) and (j), in all civil actions where entitlement to punitive damages shall have been established under applicable law against a defendant who is a small business, no award of punitive damages shall exceed fifty thousand dollars ($50,000) or 10 percent of the business' net worth, whichever is greater.
(c) "Small business" for purposes of this section means a business having a net worth of two million dollars ($2,000,000) or less at the time of the occurrence made the basis of the suit.
(d) Except as provided in subsection (j), in all civil actions for physical injury wherein entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or one million five hundred thousand dollars ($1,500,000), whichever is greater.
(e) Except as provided in Section 6-11-27, no defendant shall be liable for any punitive damages unless that defendant has been expressly found by the trier of fact to have engaged in conduct, as defined in Section 6-11-20, warranting punitive damages, and such defendant shall be liable only for punitive damages commensurate with that defendant's own conduct.
(f) As to all the fixed sums for punitive damage limitations set out herein in subsections (a), (b), and (d), those sums shall be adjusted as of January 1, 2003, and as of January 1 at three-year intervals thereafter, at an annual rate in accordance with the Consumer Price Index rate.
(g) The jury may neither be instructed nor informed as to the provisions of this section.
(h) This section shall not apply to class actions.
(i) Nothing herein shall be construed as creating a right to an award of punitive damages or to limit the duty of the court, or the appellate courts, to scrutinize all punitive damage awards, ensure that all punitive damage awards comply with applicable procedural, evidentiary, and constitutional requirements, and to order remittitur where appropriate.
(j) This section shall not apply to actions for wrongful death or for intentional infliction of physical injury.
(k) "Physical injury" for purposes of this section, means actual injury to the body of the claimant proximately caused by the act complained of and does not include physical symptoms of the mental anguish or emotional distress for which recovery is sought when such symptoms are caused by, rather than the cause of, the pain, distress, or other mental suffering.
(l) No portion of a punitive damage award shall be allocated to the state or any agency or department of the state.
(Acts 1987, No. 87-185, p. 251, §2; Act 99-358, p. 563, §1.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-22/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-22 - Grounds for Mistrial if Limitations Mentioned in Presence of Jury
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-22 - Grounds for Mistrial if Limitations Mentioned in Presence of Jury
|
Section 6-11-22
Grounds for mistrial if limitations mentioned in presence of jury
Argument or mention, in the presence of the jury, of the classifications or limitations established in Section 6-11-21 is not permissible and shall be ground for a mistrial.
(Acts 1987, No. 87-185, p. 251, §3.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-23/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-23 - No Presumption of Correctness; Court to Conduct Hearings; Admissible Relevant Evid...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-23 - No Presumption of Correctness; Court to Conduct Hearings; Admissible Relevant Evidence; Trial Court to Independently Reassess Award of Punitive Damages.
|
Section 6-11-23
No presumption of correctness; court to conduct hearings; admissible relevant evidence; trial court to independently reassess award of punitive damages.
(a) No presumption of correctness shall apply as to the amount of punitive damages awarded by the trier of the fact.
(b) In all cases wherein a verdict for punitive damages is awarded, the trial court shall, upon motion of any party, either conduct hearings or receive additional evidence, or both, concerning the amount of punitive damages. Any relevant evidence, including but not limited to the economic impact of the verdict on the defendant or the plaintiff, the amount of compensatory damages awarded, whether or not the defendant has been guilty of the same or similar acts in the past, the nature and the extent of any effort the defendant made to remedy the wrong and the opportunity or lack of opportunity the plaintiff gave the defendant to remedy the wrong complained of shall be admissible; however, such information shall not be subject to discovery, unless otherwise discoverable, until after a verdict for punitive damages has been rendered. After such post verdict hearing the trial court shall independently (without any presumption that the award of punitive damages is correct) reassess the nature, extent, and economic impact of such an award of punitive damages, and reduce or increase the award if appropriate in light of all the evidence.
(Acts 1987, No. 87-185, p. 251, §4.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-24/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-24 - No Presumption of Correctness to Apply to Damages on Appeal.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-24 - No Presumption of Correctness to Apply to Damages on Appeal.
|
Section 6-11-24
No presumption of correctness to apply to damages on appeal.
(a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded.
(b) The appellate court shall independently reassess the nature, extent and economic impact of such an award and reduce or increase the award if appropriate in light of all the evidence.
(Acts 1987, No. 87-185, p. 251, §5.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-25/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-25 - Ability of Court to Set Aside Damages Not Limited.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-25 - Ability of Court to Set Aside Damages Not Limited.
|
Section 6-11-25
Ability of court to set aside damages not limited.
Nothing in this article is intended to limit the ability of a trial or appellate court to set aside or reverse an award of punitive damages, or to order a new trial.
(Acts 1987, No. 87-185, p. 251, §6.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-26/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-26 - No Punitive Damages Awarded Against State or Agency Thereof.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-26 - No Punitive Damages Awarded Against State or Agency Thereof.
|
Section 6-11-26
No punitive damages awarded against state or agency thereof.
Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity covered under the Medical Liability Act now codified as Section 6-5-480 et seq., or any acts amendatory thereto.
(Acts 1987, No. 87-185, p. 251, §7.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-27/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-27 - Principal, Master, etc., Not Liable for Punitive Damages for Conduct of Agent, Ser...
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-27 - Principal, Master, etc., Not Liable for Punitive Damages for Conduct of Agent, Servant, etc.; Exceptions.
|
Section 6-11-27
Principal, master, etc., not liable for punitive damages for conduct of agent, servant, etc.; exceptions.
(a) A principal, employer, or other master shall not be liable for punitive damages for intentional wrongful conduct or conduct involving malice based upon acts or omissions of an agent, employee, or servant of said principal, employer, or master unless the principal, employer, or master either: (i) knew or should have known of the unfitness of the agent, employee, or servant, and employed him or continued to employ him, or used his services without proper instruction with a disregard of the rights or safety of others; or (ii) authorized the wrongful conduct; or (iii) ratified the wrongful conduct; or unless the acts of the agent, servant, or employee were calculated to or did benefit the principal, employer, or other master, except where the plaintiff knowingly participated with the agent, servant, or employee to commit fraud or wrongful conduct with full knowledge of the import of his act.
(b) Nothing contained in this section shall be construed to prevent recovery of punitive damages against a retail vendor of alcoholic beverages arising out of the acts of its agents, servants, or employees acting within the line and scope of their employment.
(Acts 1987, No. 87-185, p. 251, §8.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-28/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-28 - No Cause of Action Created.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-28 - No Cause of Action Created.
|
Section 6-11-28
No cause of action created.
Nothing contained in this article shall be construed to grant or create a cause of action or right to recover punitive damages.
(Acts 1987, No. 87-185, p. 251, §9.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-29/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-29 - Wrongful Death Actions Not Affected.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-29 - Wrongful Death Actions Not Affected.
|
Section 6-11-29
Wrongful death actions not affected.
This article shall not pertain to or affect any civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, as amended.
(Acts 1987, No. 87-185, p. 251, §10.)
|
https://law.justia.com/codes/alabama/title-6/chapter-11/article-2/section-6-11-30/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 2 - Punitive Damages.›Section 6-11-30 - Effective Date.
|
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-30 - Effective Date.
|
Section 6-11-30
Effective date.
This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987.
(Acts 1987, No. 87-185, p. 251, §12.)
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.