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Once the lien has arisen, it will continue until the liability for the amount assessed is satisfied, released or becomes unenforceable by reason of lapse of time (i.e. 10 years from the date the lien is filed) (Code Sections 40-1-2, 40-29-20, and 49-29-21).
In Alabama, a mechanics lien is called a Statement of Lien and it may be filed by any party who has not been paid for construction work on a project. This document is used to help contractors, suppliers, and others that work in the construction industry to get paid the money they've earned on their projects in Alabama.
There are Two Different Types of Mechanic's Liens in Alabama Only certain parties are allowed to file a full-price lien, which includes an original contractor who has a direct contract with the owner and materialmen who have furnished the owner with a required preliminary notice before supplying any material.
When contracting directly with the owner: File the lien within 6 months from last furnishing materials or services. Laborers: File the lien within 30 days from last furnishing labor.
If the work being performed on a project requires a license, then the contractor or subcontractor should have the required licensing in order to legally assert a mechanic's lien. Alabama requires subcontractors and materialmen to deliver a notice of their intent to file a lien to the owner before filing the lien.
How does a creditor go about getting a judgment lien in Alabama? To attach the lien, the creditor registers the judgment with the office of probate court in any Alabama county where the debtor owns property now or may own property in the future.
All lien claimants, except an original contractor must give notice prior to filing a verified statement of lien. The notice must be given in writing to the owner stating that a lien is claimed, setting forth the amount and the subject of the lien, and the person or entity from whom it is owning. Ala. Code § 35-11-218.
A verifying statement of lien must be filed in the office of the Judge of Probate of the county where the subject property is located. Ala. Code § 35-11-213. When the property is located in more than one county, the verified statement must be filed in each county where the land is located.