A week ago, I filed an eviction on a deadbeat tenant. Tenant was served by the sheriff on May 6th. Since the tenant did not file an answer to my claim, I am now filling out a form to file for a Default Judgment, which I will file on Wednesday morning. There is a YES or NO legal question on this form which I am unsure about.

Judgment Conditions: With or Without waiver of exemptions.

Can someone here who handles their own evictions tell me what 'waiver of exemptions' means in this context. Which check box should I check,...With or Without ?

AI: In Alabama, when filing for a default judgment in an eviction case, the “waiver of exemptions” refers to whether you are asking the court to waive the tenant's right to claim certain legal protections on their property or income if you pursue collection of a monetary judgment (e.g., back rent, damages).

Key points:

With waiver of exemptions: You're asking the court to deny the tenant the right to protect certain income or property from collection (like wages, household items, etc.).

Without waiver of exemptions: You're allowing the tenant to keep those legal protections, meaning they can claim exemptions if you try to collect.

Which box to check?

If you are only seeking possession of the property (not unpaid rent or damages), check “Without waiver of exemptions.”

If you are also seeking a money judgment and want to pursue collection efforts, you might check “With waiver of exemptions.” However, note that courts often require that the tenant have signed a document waiving those rights in advance (like in the lease).

If the lease does not contain a waiver of exemptions clause, it's safer to check “Without waiver of exemptions.” Filing incorrectly could cause delays or require you to refile.

If you're unsure and want to be certain, contacting the clerk of the court or a local legal aid organization can provide case-specific guidance.

Thanks Jason!