How do I file a mechanic's lien in Alabama?
Alabama mechanic's liens are governed by Ala. Code §§ 35-11-210 to 35-11-234.
1. Who Can File
Contractors, subcontractors, materialmen, laborers, architects, engineers, and surveyors furnishing labor or materials (Ala. Code § 35-11-210).
2. Preliminary / Pre-Lien Notice
A materialman who is not in direct contract with the owner may obtain a Full Price Lien by giving written notice to the owner before furnishing any materials, or an Unpaid Balance Lien by giving notice within a reasonable time (Ala. Code § 35-11-210). Notice limits the owner's payments to the original contractor.
3. Recording the Lien
File a verified Statement of Lien with the probate court of the county where the property is located within these deadlines (Ala. Code § 35-11-215):
The statement must include amount, owner, claimant, and property description.
4. Service on Owner
A copy of the Statement of Lien should be served on the owner; statute requires a verified statement and the contents of § 35-11-213.
5. Suit to Foreclose
File enforcement action within 6 months after maturity of the entire indebtedness (Ala. Code § 35-11-221). Failure terminates the lien.
6. Priority
The lien for work and labor done has priority over all other liens, mortgages, or encumbrances created after commencement of the work; for materials, priority is from delivery (Ala. Code § 35-11-211).
7. Bond Release
Owner may discharge the lien by filing a surety bond for double the amount of the claim (Ala. Code § 35-11-233).
8. Homestead / Residential
Alabama's homestead exemption (Ala. Code § 6-10-2) does not exempt the homestead from mechanic's liens for improvements. However, an owner-occupant who has paid the original contractor in full before receiving subcontractor notice may have a limited unpaid-balance defense.
9. Fraudulent Lien Penalties
A willfully exaggerated lien is grounds for forfeiture; slander-of-title and abuse-of-process actions are available against frivolous claimants.
This is legal information, not legal advice.
- Materialman deciding between Full Price Lien and Unpaid Balance Lien
- Owner-occupant residential property with payment-in-full defense
- Differing filing deadlines (30 days/4 months/6 months) by claimant type
- Ala. Code §§ 35-11-210 to -234
- Ala. Code § 35-11-210
- Ala. Code § 35-11-215
- Ala. Code § 35-11-221
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.