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Claim of exemptions

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wiz2550

Junior Member
What is the name of your state? Alabama

I was recently sued by Portfolio Recovery for about $2500 in small claims court, but have not been served yet. I plan to file an answer and show up in court, however I can only hope they don't show up or can't prove their case, as that's the only way I would win. I'm unemployed (looking for work) and the only asset I have is a 21 year old truck worth about $2000. My father owns the house I'm currently living in and my ex-wife took everything of significant value in a divorce last year. I know Alabama has a $3000 "wildcard" exemption which I can use for anything. Can I file a Claim of Exemption at anytime, or must I wait for them to seize the truck and then try to get it back? If it's the latter, I will have no way of getting to the courthouse to file or attend hearings (it's too far to walk). If possible, I would like to stop them from taking it to begin with. Can anyone help?
 


TheGeekess

Keeper of the Kraken
What is the name of your state? Alabama

I was recently sued by Portfolio Recovery for about $2500 in small claims court, but have not been served yet. I plan to file an answer and show up in court, however I can only hope they don't show up or can't prove their case, as that's the only way I would win. I'm unemployed (looking for work) and the only asset I have is a 21 year old truck worth about $2000. My father owns the house I'm currently living in and my ex-wife took everything of significant value in a divorce last year. I know Alabama has a $3000 "wildcard" exemption which I can use for anything. Can I file a Claim of Exemption at anytime, or must I wait for them to seize the truck and then try to get it back? If it's the latter, I will have no way of getting to the courthouse to file or attend hearings (it's too far to walk). If possible, I would like to stop them from taking it to begin with. Can anyone help?
http://judicial.alabama.gov/library/rules/cv64_A.pdf
http://judicial.alabama.gov/rules/rule_64a_64b.pdf
http://www.judicial.alabama.gov/library/rules/CVsam92.pdf
http://eforms.alacourt.gov/Do%20It%20Yourself%20Forms/Declaration%20and%20Claim%20of%20Exemption%20for%20Wages.pdf
 

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