§ 6-10-27 — Contest of Exemption Claim - Delivery of Personalty to Defendant Upon Executing Bond; Proceedings When Bond Not Forthcoming

Alabama § 6-10-27

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 10: Exemptions
• Art. 1: Exemptions from Levy and Sale Under Process
• Div. 2: Claim and Contest of Exemptions

Text

(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 making the levy a bond in double the amount of the value of the property, to be fixed by, and with sureties to be approved by, the officer, payable to the plaintiff and conditioned that if the defendant is not successful in the contest, he or she will, within 30 days thereafter, deliver the property to such officer and will pay all costs and damages that may result from its detention. Thereupon, the property shall be delivered to the defendant.
(b) If the defendant fails to deliver such bond within the five days allowed him or her and the plaintiff shall, within five days thereafter, deliver to the officer a bond in the amount, and with the sureties, provided in subsection (a) of this section, conditioned that if the plaintiff is not successful in the contest, he or she will, within 30 days thereafter, deliver the property to the defendant and pay all costs and damages that may result from the detention thereof, the property shall be delivered to the plaintiff; but if the plaintiff fails to deliver such bond within the five days allowed, the property must be returned to the defendant without bond.

Legislative History

(Code 1876, §2836; Code 1886, §§2522, 2523; Code 1896, §§2048, 2049; Code 1907, §§4175, 4176; Code 1923, §§7897, 7898; Code 1940, T. 7, §§640, 641.)