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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]