To file a mechanic’s lien in Alabama, serve any pre-lien notice your role requires, then record a sworn verified statement with the judge of probate in the county where the property sits before your filing deadline runs, and file suit to enforce the lien within six months after the debt matures. Deadlines are strict, and missing one destroys the lien permanently.
Confirm You Qualify and Know Which Lien You Have
Anyone who performed work or furnished materials for a building, improvement, or repair on someone else’s land under a contract with the owner or someone acting on the owner’s behalf can claim a lien.1Alabama Legislature. Alabama Code 35-11-210 – Lien Declared That includes general contractors, subcontractors, electricians, plumbers, equipment suppliers, architects, and waste disposal providers.
Your contractual relationship with the owner controls how much you can recover. If you contracted directly with the owner, your lien covers the full amount owed to you. If you worked under a general contractor, your lien is capped at whatever the owner still owed the general contractor when your notice arrived.1Alabama Legislature. Alabama Code 35-11-210 – Lien Declared This is an “unpaid balance” lien. If the owner has already paid most of the contract price to the general contractor, your recoverable amount shrinks accordingly. Send your notice as early as you can.
The Full Price Lien for Material Suppliers
Material suppliers can escape the unpaid balance cap. Before furnishing any materials, send the owner a written notice listing the specific materials you plan to supply and their prices. If the owner does not object in writing before the materials are used, you earn a full price lien covering the entire cost, whether or not the owner has already paid the general contractor.1Alabama Legislature. Alabama Code 35-11-210 – Lien Declared Alabama courts have invalidated notices that failed to list specific prices, so vague descriptions won’t work. This option is only for suppliers of materials. If you supply both materials and labor, the full price lien covers only the material portion.
Send the Right Pre-Lien Notice
Your notice duties depend on where you sit in the contracting chain.
- General contractors with a direct owner contract need no preliminary notice before filing.
- Subcontractors and suppliers without a direct owner contract must first notify the owner in writing that a lien is being claimed, stating the amount owed, who owes it, and describing the work or materials provided. Alabama does not set a minimum number of days between this notice and the filing; the notice simply has to be served before the verified statement goes in. Early service protects you because the unpaid balance cap is measured as of the notice date.
- Material suppliers seeking a full price lien must deliver the itemized notice described above before any materials are furnished.
Prepare the Verified Statement
The document you record is called a verified statement, and Alabama law requires it to contain three things:2Alabama Legislature. Alabama Code 35-11-213 – Verified Statement – Duty to File; Contents; Form
- The amount owed, after subtracting any credits or payments already received.
- A description of the property. For property inside a city or town, a house number, street name, and city or town name is enough. For rural property, pull a formal legal description from the deed or tax records.
- The name of the owner or proprietor.
A minor error in the amount claimed or in the owner’s name will not automatically kill the lien.2Alabama Legislature. Alabama Code 35-11-213 – Verified Statement – Duty to File; Contents; Form Failing to file the statement at all does. Don’t let the forgiving-error rule tempt you into sloppy paperwork.
The statement must be sworn under oath by you or by someone with personal knowledge of the facts, which in practice means signing before a notary. If you’re outside Alabama, any officer authorized to take acknowledgments in that state or country can administer the oath.3Alabama Legislature. Alabama Code 35-11-214 – Verified Statement Without the sworn verification, the filing is invalid.
File With the Probate Judge
File the verified statement at the office of the judge of probate in the county where the property is located.2Alabama Legislature. Alabama Code 35-11-213 – Verified Statement – Duty to File; Contents; Form Most probate offices accept filings in person or by mail. If your deadline is close, confirm the county’s procedures before trusting the mail. The probate judge stamps the filing date on the statement and enters it in the public record.
Fees vary by county but are generally modest, typically a few dollars plus per-page charges. Call ahead to confirm the exact amount and how the office wants to be paid.
Filing Deadlines by Role
Alabama sets different deadlines depending on your role, and missing yours permanently destroys the lien:4Alabama Legislature. Alabama Code 35-11-215 – Verified Statement – Time for Filing
- General contractors: six months after the last day you performed work or furnished materials.
- Journeymen and day laborers: thirty days after the last day of work. This tight window catches people off guard.
- All other claimants, including subcontractors and suppliers: four months after the last day of work or delivery.
Each clock runs from the last item of work performed or the last material delivered. A small callback repair weeks after the main job can reset the clock, but only if the added work is genuinely part of the original contract, not a separate engagement.
Enforce the Lien by Filing Suit
Recording the verified statement holds your place. It does not collect money. To force payment or a sale, you have to sue. Alabama gives you six months from when the full debt matures to bring an enforcement action. Miss that window and the lien expires no matter how cleanly you handled the earlier steps.
Claims over $50, which covers essentially every construction dispute, go to the circuit court in the county where the property sits. Claims of $50 or less go to district court.5Alabama Legislature. Alabama Code 35-11-220 – Jurisdiction of Actions for Enforcement of Liens Enforcement litigation is technical, and a misstep at this stage can wipe out the lien, so most claimants bring in a construction attorney even if they handled the earlier filings themselves.
What the Lien Covers and Where It Ranks
The lien attaches to the building or improvement and to the land under it, up to the full extent of the owner’s interest. In a city or town, it covers the entire lot or parcel. On rural property, it reaches one acre beyond the footprint of the building or improvement.1Alabama Legislature. Alabama Code 35-11-210 – Lien Declared
Priority is where many claimants get a rude surprise. A mechanic’s lien beats any mortgage or encumbrance recorded after work began. It does not beat one recorded before work started. Since most residential projects have a pre-existing mortgage, the mortgage usually outranks the lien. If that prior mortgage holder forecloses, the foreclosure wipes out the mechanic’s lien on both the land and the improvement.6Alabama Legislature. Alabama Code 35-11-211 – Priority of Lien That is another reason to send notices early and move quickly to enforcement.