Alabama Code (Last Updated: November 28, 2014) |
Title6 CIVIL PRACTICE. |
Chapter10. EXEMPTIONS. |
Article1. Exemptions From Levy and Sale Under Process. |
Division2. Claim and Contest of Exemptions. |
§6-10-30. Contest of exemption claim - Trial of issues.
Latest version.
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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.