In many jurisdictions, the requirements as to the sufficiency of notice of lien are prescribed by statute. Counsel should be certain to consult the applicable statutes in the particular jurisdiction to ensure full compliance with the necessary requirements.
Alabama Notice of Special or Charging Lien on Judgment
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How to fill out Notice Of Special Or Charging Lien On Judgment?
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FAQ
For example, a judgment lien attaches to property when a creditor registers the judgment with the office of probate court in the county where the debtor's property is owned. It will stay attached for 10 years, even if the property is transferred to someone else.
Alabama law provides for two types of liens: an ?unpaid balance? and a ?full price? lien. An unpaid balance lien extends only to the amount of any unpaid balance due the contractor by the owner or proprietor. In contrast, a full-price lien allows the furnisher of materials to have a lien for the full price thereof.
Under Article 1144(3) of the New Civil Code the right to enforce a judgment prescribes in ten years counted from the date said judgment becomes final. A judgment is revived only when the same cannot be enforced by motion, that is, after five years from the time it becomes final.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
Only a handful of states have a Notice of Intent to Lien (NOI) requirement, and Alabama is one of them. An Alabama NOI, also referred to as a Notice of Unpaid Balance, is required by all claimants who didn't contract directly with the owner prior to filling a Statement of Lien.
In Alabama, money judgements last up to 20 years (Ala. Code § 6-9-190). But judgments are generally only enforceable for 10 years (Ala. Code § 6-9-191), and then they're renewed for another 10 years if the judgment debtor still hasn't paid the debt.
If you still do not pay the plaintiff the money that you ONe him, he may have your wages garnished (withheld) from your pay check in order to collect his money, or the plaintiff may file an Execution against any property that you have, and the sheriff may sell that property in order for the plaintiff to collect his ...
What kind of property is subject to a judgment lien under Alabama law? In Alabama, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest -- or to the debtor's personal property -- things like jewelry, art, antiques, and other valuables.
