Alabama execution: the sheriff must hand you a Form 92 notice, and a claim of exemption stops the sale
Alabama procedure · Last verified August 17, 2026
Alabama builds the debtor's protection into the paperwork. The clerk must issue, alongside every writ of execution, a notice of the right to claim property as exempt — on a prescribed form — and the sheriff must serve it at the time of levy or seizure.
Then a single filing does the work: a notarized claim of exemption stays the sale, and if the creditor does not contest it in time, the sheriff releases the property.
The notice the clerk must issue
Ala. R. Civ. P. 69(b):
Writ of execution; notice to judgment debtor. Upon application for a writ of execution the judgment creditor shall provide the clerk with a description of the property to be executed upon, if known, and the last known address of the judgment debtor against whom execution is sought. The clerk shall prepare and issue a writ of execution in accordance with the information supplied by the judgment creditor. The clerk shall also issue a notice of the right to claim certain property as exempt from execution, using Form 92 in the Appendix of Forms to these rules. A copy of the writ of execution and notice of exemption rights shall be delivered by the clerk to the sheriff, for service upon the judgment debtor.
| Requirement | Detail |
|---|---|
| The creditor supplies | a description of the property, if known, and your last known address |
| The clerk issues | the writ and a notice of exemption rights on Form 92 |
| Both go to | the sheriff, for service on you |
Form 92 is not optional and not something you have to request. If you were levied on and never received an exemption notice, the process did not follow the rule.
When it must be served
Rule 69(c):
Service of writ and notice. The sheriff shall serve the judgment debtor with a copy of both the writ of execution and the notice of exemption rights at the time of levy upon the judgment debtor's real property or seizure of the judgment debtor's personal property pursuant to the writ of execution. Service shall be effected by personal delivery to the judgment debtor, if the judgment debtor is present either at the time notice of the levy is delivered or at the time of seizure of the judgment debtor's personal property; otherwise service shall be effected by first class mail sent to the judgment debtor's last known address shown on the writ of execution or by posting on the door of the debtor's last known residence address.
Service happens at the time of levy or seizure — not before, not afterwards. The method is personal delivery if you are there; otherwise first class mail to the address on the writ, or posting on the door of your last known residence.
That last option matters: a posted notice counts as service, so a debtor who has moved may never actually see it. Which is why the claim of exemption below has no fixed deadline.
The claim of exemption
Rule 69(d):
Claim of exemption. At any time after a levy or seizure but prior to a sale of such property, a judgment debtor may file a notarized claim of exemption with the sheriff. If a claim of exemption is filed with the sheriff, the judgment debtor shall also file a copy thereof with the clerk of the court. Sale of any property claimed as exempt by the judgment debtor which has not been previously sold, shall thereafter be stayed, unless the creditor successfully contests the claim.
| When | any time after levy or seizure but before the sale |
| Form | a notarized claim |
| Filed with | the sheriff — and a copy with the clerk |
| Effect | the sale "shall thereafter be stayed" unless the creditor successfully contests |
There is no day count. The window is defined by the sale, so acting the moment you learn of the levy is what matters — and the stay is automatic on filing, not something the court has to grant.
Two mechanical points people miss: the claim must be notarized, and it must be filed in both places.
If the creditor contests
Rule 69(e):
Contesting a claim of exemption. After notice from the sheriff that a claim of exemption has been filed by a judgment debtor, the judgment creditor may institute a contest of such claim by filing with the sheriff an affidavit as required by law within the time provided in § 6-10-26, Code of Alabama 1975. If a timely contest of a claim of exemption is filed, the sheriff shall forthwith return the process and other papers to the court to which the process is returnable, accompanied with a full statement of the facts, and a hearing to determine said contest shall be scheduled by the court at the earliest practicable time and the contest shall be tried and determined as other contests of claims of exemption are tried and determined.
The creditor's contest is by affidavit filed with the sheriff, within the time set by § 6-10-26. A timely contest sends the whole file back to court, with the sheriff's full statement of the facts, and the court schedules a hearing "at the earliest practicable time."
If the creditor does nothing
Rule 69(f):
No contest filed. If the judgment creditor, in person or by that party's agent or attorney, fails to file a timely contest with the sheriff after notice of the judgment debtor's claim of exemption, the sheriff shall forthwith release to the judgment debtor all property claimed as exempt that had not been sold prior to the filing of the claim of exemption.
No contest, and the sheriff "shall forthwith release" the property. No motion, no hearing, no order needed.
This is the reason to file the claim promptly and correctly: in the ordinary case it ends the matter by itself.
Stopping enforcement while you fight the judgment
Alabama's stay provision is Rule 62(a), which begins: "Automatic stay; exceptions. Except as stated herein or as otherwise provided by stat" — the automatic stay that follows entry, subject to the exceptions the rule lists.
Where the underlying judgment is the target, note that Alabama's set-aside deadlines are among the shortest in the country and vary by court — 30 days in circuit court, 14 in district court, and 7 calendar days for district court eviction and unlawful detainer. See setting aside an Alabama default.
Where this connects
For the case itself, see the Alabama motion to dismiss — thirty days to answer, ten after a denied motion — and Alabama summary judgment, which counts backwards from the hearing.
How Alabama compares
| Alabama | Georgia | Mississippi | Federal | |
|---|---|---|---|---|
| Exemption notice issued with the writ | yes, Form 92 | — | — | no |
| Served at the time of levy | yes | — | — | — |
| Claim of exemption deadline | any time before the sale | — | — | — |
| Claim must be notarized | yes | — | — | — |
| Filing stays the sale automatically | yes | — | — | — |
| If the creditor does not contest | sheriff releases the property | — | — | — |
| Service by posting permitted | yes | — | — | — |
A short checklist
- Look for the Form 92 notice. The clerk must issue it with the writ and the sheriff must serve it at levy.
- File a notarized claim of exemption as soon as you learn of the levy — the window closes at the sale.
- File it twice — with the sheriff, and a copy with the clerk.
- The stay is automatic on filing. You do not need an order.
- If the creditor files no timely contest, the sheriff must release the property.
- If a contest is filed, expect a prompt hearing on the sheriff's statement of facts.
- Check how you were served. Posting on the door counts, so a levy can proceed without your knowing.
Where these rules live
- Ala. R. Civ. P. 62 — Stay of Proceedings to Enforce a Judgment
- Ala. R. Civ. P. 69 — Execution
- Ala. R. Civ. P. 55 — Default
This page explains what the rules say. It isn't legal advice, and which property is exempt is governed by statute this site doesn't cover.