Mechanics Lien Claim - Alabama

MECHANICS LIEN CLAIM

(Alabama)

I. CLAIMANT AND PROPERTY

1. Claimant: [CLAIMANT LEGAL NAME], a [PERSON / ENTITY TYPE].
2. Claimant address: [ADDRESS].
3. Owner or proprietor: [OWNER OR PROPRIETOR NAME].
4. Owner address: [ADDRESS].
5. Party that contracted with Claimant: [NAME AND ROLE].
6. Project: [PROJECT NAME].
7. Property street address: [STREET ADDRESS, CITY, ALABAMA ZIP].
8. County where the property is situated: [COUNTY] County, Alabama.
9. Property description:

[LEGAL DESCRIPTION SUFFICIENT TO LOCATE OR IDENTIFY THE PROPERTY; ATTACH EXHIBIT A IF NEEDED]

II. CLAIMANT CLASSIFICATION AND LIEN BASIS

Claimant furnished the following for a building or improvement on the property:

[DESCRIPTION OF WORK, LABOR, MATERIAL, FIXTURE, EQUIPMENT, MACHINERY, OR OTHER ITEM WITHIN ALA. CODE § 35-11-210]

Contract chain:

☐ Claimant is the original contractor and contracted with the owner or proprietor.

☐ Claimant is a journeyman or day laborer.

☐ Claimant is another person entitled to claim a lien and did not contract directly with the owner or proprietor.

Lien extent selected after counsel review:

☐ Lien arising from Claimant's contract with the owner or proprietor.

☐ Lien limited to the unpaid balance due the contractor by the owner or proprietor.

☐ Full-price material lien based on the written advance notice described in Ala. Code § 35-11-210 and no timely written owner objection before use of the material.

III. DATES AND NOTICE RECORD

First furnishing date: [DATE]

Last item of work or labor performed, or last item furnished: [DATE]

Maturity date of the entire indebtedness secured by this claim: [DATE]

Notice for a Claimant Other Than the Original Contractor

☐ Not applicable because Claimant is the original contractor.

☐ Before recording this statement, Claimant gave the owner, proprietor, or agent written notice stating the lien amount, what the amount is for, and from whom it is owing, as required by Ala. Code § 35-11-218.

Notice date: [DATE]

Recipient and capacity: [NAME; OWNER / PROPRIETOR / AGENT]

Delivery facts and proof retained: [DESCRIPTION]

☐ Section 35-11-218 notice is not required because this is material covered by the advance notice described in Ala. Code § 35-11-210.

Advance notice date and proof: [DATE AND DESCRIPTION]

IV. AMOUNT OF DEMAND

Claimant claims a lien on the property described above, separately and severally as to the buildings and improvements and the land, to secure an indebtedness of $[AMOUNT], after all just credits have been given, for:

[BASIS OF INDEBTEDNESS]

V. CLAIMANT SIGNATURE

Claimant: [CLAIMANT LEGAL NAME]

By: ______________________________________

Printed name: [NAME]

Title or capacity: [TITLE / CAPACITY]

Date: [DATE]

VI. VERIFICATION UNDER OATH

State of [STATE]

County of [COUNTY]

Before me, the undersigned officer, personally appeared [AFFIANT NAME], who, being duly sworn, states that the affiant has personal knowledge of the facts set forth in this Statement of Lien and that those facts are true and correct to the best of the affiant's knowledge and belief.

Affiant signature: ______________________________________

Printed name: [NAME]

Relationship to Claimant: [CLAIMANT / OFFICER / EMPLOYEE / OTHER PERSON WITH KNOWLEDGE]

Subscribed and sworn before me on [DATE].

Notary Public: ______________________________________

My commission expires: [DATE]

Notary seal:

VII. RECORDING AND ENFORCEMENT CHECKLIST

☐ Record in the office of the judge of probate of the Alabama county where the property is situated.

☐ Record within the period that applies under Ala. Code § 35-11-215, measured from the last item of work or labor performed or the last item furnished:

• original contractor: six months;
• journeyman or day laborer: 30 days; or
• every other person entitled to the lien: four months.

Recording deadline: [DATE]

Recording date, instrument number, and book/page: [DETAILS]

☐ Calendar any enforcement action no later than six months after maturity of the entire indebtedness secured by the lien, subject to any other applicable provision in the division.

Enforcement deadline: [DATE]

☐ Confirm the proper court in the county where the property is situated under Ala. Code § 35-11-220 before filing an enforcement action.

SOURCES AND REFERENCES

• Alabama Legislature — Ala. Code § 35-11-210
• Alabama Legislature — Ala. Code § 35-11-213
• Alabama Legislature — Ala. Code § 35-11-215
• Alabama Legislature — Ala. Code § 35-11-218
• Alabama Legislature — Ala. Code § 35-11-220
• Alabama Legislature — Ala. Code § 35-11-221