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Alabama Mechanics Lien

File an Alabama mechanics lien to secure payment for construction work. An original contractor has six months to file, and other claimants four months.

Introduction

An Alabama mechanics lien is a legal claim filed against real property by a contractor, subcontractor, or material supplier who improved the property and was not paid. Once filed with the judge of probate, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale. That security is what gives the lien its leverage, and Alabama grants it under Code Title 35, Chapter 11. The lien only holds if you follow each step. A subcontractor or materialman must give the owner written notice before filing, and a full-price lien requires advance notice before furnishing material. An original contractor files the lien statement within six months after last furnishing work, every other person within four months, and a journeyman or day laborer within 30 days. You must then sue to enforce within six months after the debt matures. DocDraft prepares an Alabama mechanics lien and its notices from your project details, and attorney review is available before you file.

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Key Things to Know

  1. 1

    An Alabama mechanics lien secures payment against the improved property. Contractors, subcontractors, materialmen, and laborers who furnished work and were not paid can claim one under Code of Alabama sections 35-11-210 and following.

  2. 2

    To secure a lien for the full price, a materialman must give the owner written notice before furnishing the material. Without that advance notice, the lien reaches only the unpaid balance due the contractor, under section 35-11-210.

  3. 3

    Every claimant except the original contractor must give the owner written notice claiming a lien before filing the statement with the judge of probate. Section 35-11-218 requires the notice to state the amount, what it is for, and from whom it is owed.

  4. 4

    The filing deadline depends on your role. An original contractor files within six months, every other person within four months, and a journeyman or day laborer within 30 days, after the last work or material is furnished, under section 35-11-215.

  5. 5

    Filing is not the last step. Under section 35-11-221 you must commence an action to enforce the lien within six months after the entire indebtedness it secures matures, or the lien is lost.

  6. 6

    Alabama courts read these lien rules closely. Missing the advance notice, the pre-filing notice, the filing window, or the enforcement deadline generally forfeits the lien, though a separate contract claim for the debt may remain.

  7. 7

    The lien rests on a verified statement. Section 35-11-213 requires it to state the amount owed, name the owner, and describe the property and the work, and it must be filed in the judge of probate's office where the property sits.

Key decisions before you file

Before you file a Mechanics Lien in Alabama, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.

Open the Mechanics Lien guide

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CLAIM OF MECHANICS LIEN (ALABAMA)

Filed under the Code of Alabama sections 35-11-210 and following, in the office of the Judge of Probate of the county where the property is located. The undersigned claimant files this verified statement of lien against the real property described below to secure payment for work furnished to improve that property.

  1. CLAIMANT Name: [CLAIMANT NAME] Role: [ORIGINAL CONTRACTOR / SUBCONTRACTOR / MATERIALMAN / JOURNEYMAN / DAY LABORER] Address: [CLAIMANT ADDRESS]

  2. AMOUNT OF THE CLAIM The amount owed to the claimant, after deducting all just credits and offsets, is: $[AMOUNT].

  3. OWNER OR PROPRIETOR Name: [OWNER NAME] Address: [OWNER ADDRESS]

  4. HIRING PARTY The claimant furnished work at the request of, or under contract with: [PERSON OR COMPANY THAT ORDERED THE WORK].

  5. DESCRIPTION OF THE WORK OR MATERIALS General description of the labor, services, or materials furnished: [DESCRIPTION]. Date first furnished: [FIRST DATE]. Date last furnished: [LAST DATE].

  6. PROPERTY Street address: [PROPERTY ADDRESS]. Legal description: [LEGAL DESCRIPTION]. County: [COUNTY].

  7. VERIFICATION I, the claimant or the claimant's authorized agent, verify under oath that I have read this claim of mechanics lien and that the facts stated in it are true and correct.

Signature: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

Sworn to and subscribed before me this [DATE]. [NOTARY]

NOTICE TO OWNER (given before filing, under Code of Alabama section 35-11-218; required of every claimant except the original contractor)

To: [OWNER NAME AND ADDRESS] You are notified that the undersigned claims a mechanics lien on the building or improvement at [PROPERTY ADDRESS], in the amount of $[AMOUNT], for [WHAT THE CLAIM IS FOR], owed by [FROM WHOM IT IS OWED]. From (claimant): [CLAIMANT NAME AND ADDRESS] Date: [DATE]

Note: A materialman who wants a lien for the full price of material must also give the owner written notice before furnishing it, under section 35-11-210. Confirm the current statutory language, notices, and deadlines, or have this reviewed by an attorney, before filing with the judge of probate.

Alabama Requirements for Mechanics Lien

Alabama Filing Deadline and Office

File the Alabama mechanics lien in the correct office, a county recorder or court as Alabama requires, within the state's deadline after you last furnish labor or materials. Alabama applies the deadline strictly, so filing late or in the wrong office can void the lien.

Frequently Asked Questions

A mechanics lien in Alabama is a claim an unpaid contractor, subcontractor, materialman, or laborer files against the property they improved. Recorded with the county judge of probate, it attaches to the real estate and clouds the title, so the owner cannot easily sell or refinance until the debt is resolved. The lien can ultimately be foreclosed by court order. It is governed by Code of Alabama sections 35-11-210 and following.

Anyone who furnished labor or materials that improved the property and went unpaid can file, including original contractors, subcontractors, materialmen, journeymen, and day laborers. Your role matters, because it sets both your filing deadline and whether you must give advance notice to obtain a lien for the full price of the material rather than only the unpaid balance.

It depends on your role. Under section 35-11-215 an original contractor files the verified lien statement within six months after the last work or material is furnished. Every other person entitled to a lien has four months, and a journeyman or day laborer has 30 days. The statement is filed with the judge of probate in the county where the property sits.

Two notices matter in Alabama. To claim a lien for the full price of material, a materialman must give the owner written notice before furnishing it; without that, the lien reaches only the unpaid balance owed the contractor. Separately, under section 35-11-218 every claimant except the original contractor must notify the owner of the claim before filing the lien statement.

You must file suit to enforce the lien within six months after the entire debt it secures matures, under section 35-11-221. Filing the statement alone does not preserve the lien indefinitely. If you let that six-month enforcement window pass without commencing an action, the lien is lost and can no longer be foreclosed against the property.

Missing the advance notice, the notice to the owner, the filing window, or the six-month enforcement deadline usually means losing the lien, because Alabama applies these requirements strictly. You may still sue the party who hired you for breach of contract to recover the unpaid amount, but you give up the security that a lien against the property provides.

This is a distinctive Alabama rule. A materialman who gives the owner written notice before furnishing material can claim a lien for the full price stated in that notice. A materialman who skips the advance notice is limited to the unpaid balance the owner still owes the contractor when notice is finally given, which can be far less than the amount due.

When the debt is paid, the claimant should file a satisfaction to clear the lien from the property's title. A lien also drops off on its own if no enforcement action is filed within six months after the debt matures. An owner who believes a lien is invalid can challenge it in court to have it removed.