25-13-212. Claiming exemption -- process -- time for hearing. (1) To claim an exemption from execution, a judgment debtor shall file a request for a hearing with the court that issued the execution. The request must be in writing, and a copy of the request must be mailed by the judgment debtor on the date of filing to the judgment creditor or the judgment creditor's attorney and to the sheriff or levying officer. The request must be filed within 10 days, excluding weekends and holidays, of the date of:
     (a) the judgment debtor's receipt of notification of execution, if notification was by personal service; or
     (b) the date notification was mailed to the judgment debtor pursuant to 25-13-211(2).
     (2) If the judgment debtor does not file a request for an exemption hearing within the period provided for in subsection (1), the judgment debtor may not claim an exemption in the seized property.
     (3) A court that receives a request for an exemption hearing shall conduct the hearing within 10 days, excluding weekends and holidays, from the date of receipt of the request.
     (4) The court shall forward the order determining the judgment debtor's exemption claim to the sheriff or levying officer.

     History: En. Sec. 2, Ch. 89, L. 1999.