Templates Real Estate Mechanics Lien Filing Package — Alabama

Mechanics Lien Filing Package — Alabama

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Mechanics Lien Filing Package (Alabama)

Quick-Reference Summary

Item Alabama Rule Statute
Governing statute Mechanics' and Materialmen's Liens Ala. Code §§ 35-11-210 et seq.
Lien types (1) Full-price lien (original contractor in privity with owner); (2) Unpaid-balance lien (subs/suppliers/laborers not in privity) § 35-11-210
Notice to Owner (NTO) — prerequisite Required for unpaid-balance lien claimants; written notice that claimant looks to property for satisfaction BEFORE filing lien § 35-11-218
Form/content of NTO Written; states intent to claim lien; identifies amount due and work; describes the debtor § 35-11-218
Filing — original contractor Verified statement filed within 6 months of last item furnished § 35-11-215
Filing — materialmen / other non-laborers Verified statement filed within 4 months of last item furnished § 35-11-215
Filing — laborers/employees Verified statement filed within 30 days of last item furnished § 35-11-215
Place of filing Office of the Judge of Probate of the county where the property is located § 35-11-213
Contents of verified statement Amount demanded; description of property; name of owner/proprietor; subscribed and sworn § 35-11-213
Action to enforce Within 6 months after the maturity of the entire indebtedness secured by the lien § 35-11-221
Lis pendens Required upon filing the enforcement action § 35-11-221

Part A — Pre-Lien Notice

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:

Field Information
Claimant [NAME]
Claimant address [ADDRESS]
Claimant's relationship to project ☐ Subcontractor ☐ Sub-subcontractor ☐ Material supplier ☐ Laborer ☐ Other: [SPECIFY]
Person who contracted with Claimant [HIRING PARTY — GC or higher-tier sub]
Description of labor/materials furnished [DESCRIBE WORK / ITEMS]
First date of furnishing [__/__/____]
Last date of furnishing [__/__/____]
Amount unpaid and due Claimant $[AMOUNT]

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.

Signature line
Claimant ________________________________
Printed name / Title [NAME] / [TITLE]
Date [__/__/____]

Part B — Claim of Mechanics Lien

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

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

(Space above for Judge of Probate use)

I. Claimant
Field Information
Claimant legal name [NAME]
Entity type ☐ Individual ☐ Corporation ☐ LLC ☐ Partnership ☐ Sole proprietor
Business address [STREET, CITY, STATE, ZIP]
Phone / Email [PHONE] / [EMAIL]
Alabama contractor license (if required) [LICENSE NO.]
II. Owner / Proprietor
Field Information
Owner of record [NAME]
Address [ADDRESS]
III. Person With Whom Claimant Contracted
Field Information
Name [HIRING PARTY]
Relationship ☐ Owner (original contractor — full-price lien) ☐ General contractor ☐ Subcontractor ☐ Other
IV. Property
Field Information
Street address [ADDRESS]
County [COUNTY], Alabama
Parcel ID [APN]
Legal description [LEGAL or "See Exhibit A"]
V. Lien Type

Full-price lien — Original (direct) contractor in privity with Owner under § 35-11-210
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]

Field Date
First date of furnishing [__/__/____]
Last date of furnishing [__/__/____]
Maturity date of entire indebtedness [__/__/____]
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
☐ Laborer / employee — filing within 30 days of last item

VIII. Amount Demanded
Amount
Contract / order amount $[AMOUNT]
Approved change orders / extras $[AMOUNT]
Total earned $[AMOUNT]
Less payments received ($[AMOUNT])
Less credits/offsets ($[AMOUNT])
Amount demanded $[AMOUNT]

Plus interest from [__/__/____], costs, and attorney fees as permitted by law.

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.

Signature line
Affiant signature ________________________________
Printed name / Title [NAME] / [TITLE]
Date [__/__/____]

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 amount of the lien is $[AMOUNT], plus interest, costs, and attorney fees as permitted by Alabama law.

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.

Signature line
Claimant ________________________________
Printed name / Title [NAME] / [TITLE]
Address [ADDRESS]

Enclosure: File-stamped Verified Statement of Lien


Part D — Suit to Foreclose

Circuit Court Caption

Caption
In the Circuit Court of [COUNTY] County, Alabama
Civil Action No. [CV-____-_____]
[CLAIMANT], Plaintiff
v.
[OWNER]; [GENERAL CONTRACTOR]; [MORTGAGEE]; [OTHER LIENORS], Defendants

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. [If unpaid-balance lien claimant:] On [__/__/____], Plaintiff served on the Owner the written notice required by Ala. Code § 35-11-218, before filing the Verified Statement of Lien.
  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, costs, and reasonable attorney fees as permitted by Alabama law;
  • 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.
Signature line
Attorney for Plaintiff ________________________________
Name / AL Bar No. [NAME] / [BAR NO.]
Firm / Address [FIRM] / [ADDRESS]
Phone / Email [PHONE] / [EMAIL]
Date [__/__/____]

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

☐ Confirm whether Claimant is an original (direct) contractor or a sub-tier claimant — determines lien type and notice obligation
☐ 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
☐ Sub-tier claimants: prepare and serve § 35-11-218 Notice to Owner BEFORE filing — retain proof of delivery
☐ Calendar appropriate filing tier under § 35-11-215: 30 days (laborer) / 4 months (materialman) / 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 Statement of Lien under oath before Alabama notary
☐ 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/
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Last updated: May 2026