Alabama § 6-10-30 Contest of Exemption Claim - Trial of Issues

Alabama Statutes

§ 6-10-30 — Contest of Exemption Claim - Trial of Issues

Alabama § 6-10-30

JurisdictionAlabama

Title 6Civil Practice

Ch. 10Exemptions

Art. 1Exemptions from Levy and Sale Under Process

Div. 2Claim and Contest of Exemptions

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Bluebook

Ala. Code § 6-10-30 (2026).

Text

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 and what part of it, is exempt as claimed. Such issue or issues shall be tried as other cases are tried. In all cases, the party in whose favor the levy was made shall be deemed the plaintiff, upon whom shall rest the burden of proof, and both parties shall be entitled to the same right of objection, exception, and of appeal as in other cases.

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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 and what part of it, is exempt as claimed. Such issue or issues shall be tried as other cases are tried. In all cases, the party in whose favor the levy was made shall be deemed the plaintiff, upon whom shall rest the burden of proof, and both parties shall be entitled to the same right of objection, exception, and of appeal as in other cases.