21-19 CLAIM OF HOMESTEAD AND PERSONAL PROPERTY EXEMPTIONS
CLAIM OF HOMESTEAD AND PERSONAL PROPERTY EXEMPTIONS
Definition of terms.
Affidavit required to levy on homestead in excess of exemption--Contents--Filing
and service of notice of levy and affidavit.
Notice of levy on property--Contents--Statement as to claim of exemptions.
Service on debtor of notice of levy.
Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy.
Court order for substitute method of making service.
Retention of property levied after notice to debtor.
Sale of perishable property seized--Retention of proceeds.
Time allowed for claim of exemptions--Claim by debtor's dependent.
Contents of claim of exemptions--Schedule of property.
Verification of claim required.
Failure to claim additional exemptions as waiver.
Relief from default in claiming exemptions--Effect on prior proceedings.
Procedure for claim exclusive except as to absolute exemptions.
Absolute exemptions not waived by failure to claim--Proceedings to reach homestead
Retention of property claimed as exempt until final determination.
Application and order for immediate release of items of definite value--Earnings
necessary for support of debtor and family.
Release of exempt property on failure of creditor to answer.
Creditor's answer to claim of exemptions--Specification of disputed facts and
Disputed valuation of homestead--Demand for appraisal.
Appointment of appraisers.
Specification of items to be appraised--Undisputed valuations--Appraisal of
Appraisement at fair market value--Completion and filing of appraisement.
Hearing on appraisement--Valuations accepted unless questioned--Recitals in court
order on appraisement.
Amendment of papers filed.
Order releasing exempt property--Amended claim where exemptions claimed exceed
Valuation of additional property to permit full benefit of exemptions--Selection and
release of additional property.
Division and setting aside homestead exceeding limitations--Court order where
division not feasible.
Sale of homestead--Disposition of proceeds--Postponement of sale to permit payment
Stay of proceedings on appeal from order--Security required.