Mechanics Lien Filing Package — Alabama

Mechanics Lien Filing Package (Alabama)

Quick-Reference Summary

Part A — Pre-Lien Notice

Advance Material Notice for Full-Price Lien (Ala. Code § 35-11-210)

Use before furnishing the identified materials to a contractor or subcontractor. Deliver this notice to the owner or the owner's agent and retain proof of receipt. An owner may avoid responsibility for the stated prices by objecting in writing before the materials are used.

TO: [OWNER OR OWNER'S AGENT NAME AND ADDRESS]

Take notice that [MATERIAL SUPPLIER] is about to furnish [CONTRACTOR OR SUBCONTRACTOR] the following materials for use in the building or improvement on [PROPERTY DESCRIPTION]: [SPECIFY MATERIALS]. The price of each material or specified group of materials is [ITEMIZED PRICES]. The supplier will claim a lien for those stated prices under Ala. Code § 35-11-210 unless the owner or agent objects in writing before the materials are used.

Supplier: [NAME AND ADDRESS] Date: [__/__/____] Signature: ____________________

Delivered to: [NAME AND CAPACITY] Delivery date/method: [________________]

Notice to Owner Before Filing Lien (Ala. Code § 35-11-218)

TO: [OWNER NAME], Owner of Record / Proprietor
[OWNER ADDRESS]

RE: Property at [STREET ADDRESS], [CITY], [COUNTY] County, Alabama
Parcel / Tax ID: [APN]
Legal description: [LEGAL or "see Exhibit A"]

The undersigned, [CLAIMANT NAME] ("Claimant"), pursuant to Ala. Code § 35-11-218, gives notice to the Owner that Claimant claims a lien on the above-described property and improvements for the labor and/or materials furnished, as follows:

Claimant will look to the Property described above, and to the unpaid balance of the contract price owed by the Owner to [GENERAL CONTRACTOR], for satisfaction of the amount due. Claimant intends to file a verified Statement of Lien against the Property in the office of the Judge of Probate of [COUNTY] County, Alabama, unless full payment is received.

Service: [☐ personal delivery / ☐ U.S. certified mail, return receipt requested] addressed to Owner at the last-known address.

Part B — Claim of Mechanics Lien

Verified Statement of Lien (Alabama — Ala. Code §§ 35-11-213, 35-11-215)

This instrument was prepared by: [INDIVIDUAL PREPARER NAME], [MAILING ADDRESS]

Filing requested by / Return to:
[CLAIMANT NAME]
[ADDRESS]

(Space above for Judge of Probate use)

I. Claimant

II. Owner / Proprietor

III. Person With Whom Claimant Contracted

IV. Property

V. Lien Type

☐ Full-price lien — Original contractor in privity with Owner.
☐ Full-price material lien — Supplier gave the advance written notice specifying materials and prices under § 35-11-210 on [__/__/____]; Owner did not object in writing before use. Attach notice and delivery proof.
☐ Unpaid-balance lien — Subcontractor / sub-subcontractor / materialman / laborer; § 35-11-218 Notice to Owner was given on [__/__/____] (attach proof).

VI. Labor, Materials, or Services Furnished

[DESCRIBE LABOR, MATERIALS, OR SERVICES]

VII. Filing Tier (§ 35-11-215)

☐ Original contractor — filing within 6 months of last item
☐ Materialman / other non-laborer — filing within 4 months of last item
☐ Journeyman / day laborer — filing within 30 days of last item

VIII. Amount Demanded

Interest from [__/__/____], if supported: $[AMOUNT]. State the basis separately: [________________].

IX. Claim

The undersigned hereby claims a mechanics' and materialmen's lien pursuant to Ala. Code §§ 35-11-210 et seq. against the above-described property for the amount demanded.

X. Verification

State of Alabama )
) ss.
County of [COUNTY] )

[NAME], being first duly sworn, deposes and states: he/she is the Claimant or duly authorized agent of the Claimant; he/she has read the foregoing Verified Statement of Lien; the matters set forth therein are true and correct to the best of his/her knowledge, information, and belief; and the amount demanded is justly owing to the Claimant after all just credits and offsets.

Subscribed and sworn to before me on [__/__/____].

Notary Public for Alabama: ________________________________ My commission expires: [__/__/____]

[NOTARY SEAL]

Exhibit A — Legal Description

[INSERT FULL LEGAL DESCRIPTION]

Part C — Notice of Filing Lien Claim to Owner

Notice of Filing of Verified Statement of Lien

TO: [OWNER NAME]
[OWNER ADDRESS]

Date: [__/__/____]

This serves as notice that on [__/__/____], the undersigned filed a Verified Statement of Lien against the property at [PROPERTY ADDRESS] in the Office of the Judge of Probate of [COUNTY] County, Alabama, at Book [___] Page [___] / Instrument No. [_____]. A file-stamped copy is enclosed.

The claimed lien amount is $[AMOUNT]. Any interest claimed is $[AMOUNT], with this basis: [________________].

Effect. The lien encumbers the Property and improvements to the extent provided by Ala. Code § 35-11-210. It will remain of record until released, bonded, discharged by court order, or expired by failure to timely enforce.

Demand. Claimant demands payment within fifteen (15) days. If the lien is not paid or bonded, Claimant will file suit to enforce the lien within six (6) months of the maturity of the indebtedness under Ala. Code § 35-11-221.

Enclosure: File-stamped Verified Statement of Lien

Part D — Suit to Foreclose

Circuit Court Caption

Complaint to Enforce Mechanics' and Materialmen's Lien

Plaintiff [CLAIMANT], by undersigned counsel, complains of Defendants and alleges:

1. Plaintiff is [ENTITY TYPE] organized under the laws of [STATE], doing business in Alabama.
2. Defendant [OWNER] is the record owner / proprietor of the Property described in paragraph 4.
3. Other Defendants are joined as persons claiming an interest in the Property as mortgagees, lienors, or otherwise.
4. The Property is located at [ADDRESS], [COUNTY] County, Alabama, more fully described in Exhibit A.
5. Between [__/__/____] and [__/__/____], Plaintiff furnished [LABOR / MATERIALS / SERVICES] for the improvement of the Property at the request of [HIRING PARTY], the reasonable value of which, after all just credits and offsets, is $[AMOUNT], no part of which has been paid except [$AMOUNT or "nothing"].
6. ☐ As an unpaid-balance claimant, Plaintiff gave the Owner the written notice required by Ala. Code § 35-11-218 on [__/__/____], before filing. ☐ As a material supplier claiming the full stated price, Plaintiff gave the Owner the advance written notice identifying materials and prices under § 35-11-210 on [__/__/____], before furnishing; the Owner did not object in writing before the materials were used. ☐ Plaintiff contracted directly with the Owner.
7. On [__/__/____], Plaintiff filed a Verified Statement of Lien with the Judge of Probate of [COUNTY] County, Alabama, at Book [___] Page [___] / Instrument No. [_____], within the period required by Ala. Code § 35-11-215 (☐ 30 days / ☐ 4 months / ☐ 6 months).
8. The entire indebtedness secured by the lien matured on [__/__/____]. This action is commenced within six (6) months thereafter, in compliance with Ala. Code § 35-11-221.
9. A Notice of Lis Pendens is filed contemporaneously with this Complaint.

WHEREFORE, Plaintiff demands judgment:

• Adjudging the lien valid in the principal amount of $[AMOUNT], plus interest if proven, and taxable court costs;
• Ordering sale of the Property to satisfy the lien;
• Determining priority among Defendants' interests;
• Granting personal/deficiency judgment against [LIABLE PARTY] as permitted; and
• For such other relief as is just.

Notice of Lis Pendens

Notice is given that an action has been commenced in the Circuit Court of [COUNTY] County, Alabama, by [PLAINTIFF] against [DEFENDANTS], Civil Action No. [_____], affecting title to the real property described in Exhibit A, in which Plaintiff seeks to enforce a Verified Statement of Lien filed [__/__/____] at Book [___] Page [___].

Part E — Pre-Filing Checklist

☐ Determine whether Claimant contracted directly with Owner, supplied materials with § 35-11-210 advance notice and no timely written owner objection, or claims only the unpaid balance
☐ Confirm Alabama contractor licensing where required
☐ Identify owner of record, lender, and GC; obtain current title information
☐ Calendar first date and last date of furnishing
☐ Material supplier seeking the full stated price: give the § 35-11-210 notice before furnishing, record the specified prices and any owner objection, and retain delivery proof
☐ Other sub-tier claimants: give the § 35-11-218 Notice to Owner BEFORE filing — retain proof of delivery
☐ Calendar appropriate filing tier under § 35-11-215: 30 days (journeyman or day laborer) / 4 months (other claimant) / 6 months (original contractor)
☐ Calendar maturity-of-indebtedness date for 6-month suit deadline under § 35-11-221
☐ Pull legal description and parcel ID
☐ Compute lien amount net of just credits and offsets
☐ Verify the Statement of Lien under oath; if the oath is administered outside Alabama, confirm the officer is authorized under § 35-11-214
☐ File with Judge of Probate in correct county
☐ Send Part C notice with file-stamped lien to owner
☐ Diary suit deadline (6 months from maturity)
☐ Monitor for owner-posted bond / dissolution motion
☐ Have an Alabama-licensed attorney review before filing

Sources and References

• Ala. Code Title 35, Chapter 11 (full chapter, official): https://alisondb.legislature.state.al.us/alison/codeofalabama/1975/coatoc.htm
• Bradley — Alabama Lien Law 101: https://www.bradley.com/insights/publications/2024/07/alabama-lien-law-101
• Alabama Construction Law — Lien Law overview: https://alabamaconstructionlaw.com/alabama-law-overview/alabama-lien-law/
• BuildSmart — Tracking Alabama Lien Law Requirements: https://www.buildsmartbradley.com/2025/05/tracking-lien-law-requirements-alabama/
• Christian Small primer on perfecting Alabama liens: https://csattorneys.com/2021/02/10/alabama-lien-law-primer-how-to-perfect-mechanics-and-materialmans-liens-in-alabama/
• Levelset AL lien guide: https://www.levelset.com/mechanics-lien/alabama-lien-law-faqs/