US Lawyer Database

§ 26-2-307. Right of Selection

Each individual who is entitled to a homestead exemption shall have the right to elect where the homestead shall be set apart.

§ 26-2-308. Procedure to Set Apart

Whenever real property of an individual who is entitled to a homestead exemption thereon is levied on by execution or attachment, the individual’s homestead shall be set apart in the following manner: The officer executing the writs shall summon three (3) disinterested freeholders, not connected with the parties, and administer to them an oath to […]

§ 26-2-309. Sale and Reinvestment of Exempt Proceeds

When the real estate levied on is of greater value than five thousand dollars ($5,000), and is so situated that it cannot be divided so as to set apart the homestead, the freeholders shall certify the fact, and the officer may proceed to sell the whole tract, and out of the proceeds the officer shall […]

§ 26-2-310. Registration of Freeholder’s Certificate

The officer shall certify upon the certificate of the freeholders that the same is their act and deed, and the debtor shall have the same registered in the register’s office of the county in which the lands lie, and, when so registered, it shall vest in the individual entitled to such homestead exemption, as herein […]

§ 26-2-311. Setting Apart for Deserted Family

When a debtor absconds or abandons the debtor’s family, the homestead shall be set apart for the use of the spouse and family, and shall be exempt in the hands of the spouse or children; and such property, on the death of the owner, shall be exempt in the hands of the surviving spouse and […]

§ 26-2-401. Applicability

This part shall apply to executions and garnishments in aid of execution in supplement to other applicable provisions of law; provided, that the contents of the Notice to Judgment Debtor required in connection with a wage garnishment shall be governed by § 26-2-216.

§ 26-2-402. Statement Showing Address, Amount Owed

Upon requesting the issuance of an execution or garnishment, the judgment creditor, or the judgment creditor’s agent or attorney, shall file a statement showing the judgment debtor’s last known address, the amount owed on the judgment, and the judgment creditor’s address for mailing any notice required under this part. If a clerk issues an execution […]

§ 26-2-221. Garnishment of Compensation Due From State — Amount Exempted

Garnishment of salaries, wages or other compensation due from the state, or from any county or municipality, to any officer or employee thereof, is permissible. Garnishment of compensation due from the state to contractors or vendors of the state is permissible. No such officer, employee, contractor, or vendor may validly claim any privilege or immunity […]