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.)
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]