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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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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