Alabama § 6-10-125 Attachment - Proceedings When Waiver Not Sustained

Alabama Statutes

§ 6-10-125 — Attachment - Proceedings When Waiver Not Sustained

Alabama § 6-10-125

Title 6Civil Practice

Ch. 10Exemptions

Art. 3Waiver of Right to Exemptions

This text of Alabama § 6-10-125 (Attachment - Proceedings When Waiver Not Sustained) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 6-10-125 (2026).

Text

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.

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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.