§ 26-2-306. Exemption Inapplicable in Certain Cases
The homestead shall not be exempt from sale for the payment of public taxes legally assessed upon it, or from sale for the satisfaction of any debt or liability contracted for its purchase or legally incurred for improvements made thereon. It shall be exempt from seizure in criminal as well as in civil cases, but […]
§ 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 […]
§ 26-2-312. Property Purchased With or Maintained by Fraudulently Obtained Funds Ineligible for Homestead Exemption
Property shall not be eligible, in whole or in part, for the homestead exemption provided by this part, if the property has been purchased with or maintained by fraudulently obtained funds or if ownership of the property has been maintained using fraudulently obtained funds. A court shall be required to find by a preponderance of […]
§ 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.
§ 26-2-223. No Wages Due Garnisheed Employee — Judgment Null and Void
In any case where judgment is obtained under §§ 26-2-205 — 26-2-208, if there are no wages due such employee so garnished, such judgment shall be void and unenforceable.
§ 26-2-224. Time for Execution When Multiple Writs Exist
Notwithstanding any other provision of law or rule to the contrary, a writ of garnishment that is filed later in time than another such writ, and which deducts the maximum amount allowable by law from the debtor’s wages, shall not run concurrently with the earlier filed writ with regard to the six-month time limit prescribed […]