Filing a Mechanic's Lien in Alabama

Obtaining a lien for construction work, including the furnishing of labor or materials, must be accomplished by filing a verified statement with the probate court in the Alabama county where the subject property is located.

Every person entitled to a lien must file, in the office of the judge of probate of the county in which the property upon which the lien is sought is situated, a statement in writing, verified by the oath of the person claiming the lien, or of some other person having knowledge of the facts, containing 1) the amount of the demand secured by the lien, after all just credits have been given, 2) a description of the property on which the lien is claimed in such a manner that same may be located or identified, a description by house number, name of street, and name of city or town being a sufficient description where the property is located in a city or town, and 3) the name of the owner or proprietor thereof; but no error in the amount of the demand or in the name of the owner or proprietor, shall affect the lien. Ala. Code Ann. 35-11-213. Unless such statement is so filed the lien shall be lost. Id.

To preserve lien rights under Ala. Code Ann. 35-11-215, claimants must file the verified statement according to the following time limits:
by every original contractor within six (6) months;
by every journeyman and day laborer within 30 days; and
by every other person entitled to such lien within four (4) months
after the last item of work has been performed or the last item of material has been furnished. Keep in mind that once the lien is in place, is still must be enforced through a lawsuit if the owner still refuses or is unwilling to make full payment.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice from a licensed attorney. Please contact an Alabama attorney for any questions regarding filing a lien in the state.

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