Mechanics Lien Deadlines in Alabama
Alabama gives contractors, laborers, and material suppliers a lien on the building and land they improve, with a probate-court filing whose deadline runs from the last item of work or material and an enforcement suit that runs from maturity of the debt.
Alabama's mechanics' and materialmen's lien law appears in Title 35, Chapter 11, Article 7 of the Code of Alabama. It sets out who may claim a lien, where and how the verified statement of lien is filed with the judge of probate, how long a claimant has to file that statement after the last work or material, and how long a claimant then has to bring suit to enforce the lien. The deadlines depend on the class of claimant, so the sections below give the exact periods and the events they run from.
Filing and enforcing a mechanics lien in Alabama
Before furnishing any material, a person, firm, or corporation may notify the owner or the owner's agent in writing that certain specified material will be furnished to the contractor or subcontractor at certain specified prices. 1
Every person entitled to a lien has a duty to file, in the office of the judge of probate of the county in which the property is situated, a written statement verified by the oath of the person claiming the lien. 2
The verified statement must be filed by every original contractor within six months, by every journeyman and day laborer within 30 days, and by every other person entitled to the lien within four months, after the last item of work or labor has been performed or the last item of material has been furnished. 3
Unless the statement is filed, the lien is lost. 2
Any action to enforce the lien must be commenced within six months after the maturity of the entire indebtedness secured by it. 4
The lien on the land and the buildings or improvements has priority over all other liens, mortgages, or encumbrances created after the commencement of work on the building or improvement. 5
Sources
Before furnishing any material, a person, firm, or corporation may notify the owner or the owner's agent in writing that certain specified material will be furnished to the contractor or subcontractor at certain specified prices.
Every person entitled to a lien has a duty to file, in the office of the judge of probate of the county in which the property is situated, a written statement verified by the oath of the person claiming the lien.
Unless the lien statement is filed, the lien is lost.
The lien statement must be filed by every original contractor within six months, by every journeyman and day laborer within 30 days, and by every other person entitled to the lien within four months, after the last item of work or labor has been performed or the last item of material has been furnished.
Any action to enforce the lien must be commenced within six months after the maturity of the entire indebtedness secured by it.
The lien on the land and the buildings or improvements has priority over all other liens, mortgages, or encumbrances created after the commencement of work on the building or improvement.
Frequently asked questions
- Where do I file an Alabama mechanics lien?
- The verified statement of lien is filed in the office of the judge of probate of the county in which the property on which the lien is sought is situated.
- How long do I have to file the lien statement in Alabama?
- An original contractor has six months, a journeyman or day laborer has 30 days, and every other person entitled to a lien has four months, each measured after the last item of work or labor has been performed or the last item of material has been furnished.
- How long do I have to enforce an Alabama mechanics lien?
- An action to enforce the lien must be commenced within six months after the maturity of the entire indebtedness secured by the lien.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.