Step 1 — Send the Alabama Preliminary Notice
Alabama Preliminary Notice applies to anyone who does not have a direct contract with the owner or lessee. In most cases, subs & suppliers will need to file a Preliminary Notice and GCs don’t. Preliminary Notice can be served via certified mail to the owner and GC.
Step 2 — Prepare the Alabama Mechanics Lien Form
Your Alabama Mechanics Lien should contain the following information:
Legal property description
Property owner’s name
Claimant’s information
First and last date of work
Total contract amount
Amount paid to date
Amount remaining unpaid
Description of labor/materials
Proof of Service
Step 3 — Record the Alabama Mechanics Lien with the County Register of Deeds
You must file the claim of Lien in the Probate Court of the county where the property is located and pay the filing fee.
Filling options vary by county:
In person
By mail
Electronically (varies by county)
Step 4 — Serve the Recorded Alabama Mechanics Lien on the Owner
Must be served within a reasonable time, preferably immediately after filing.
Certified mail is recommended.
Step 5 — Enforce the Alabama Mechanics Lien If You Remain Unpaid
If have not been paid after filing the Alabama Lien, keep track of when your debt became due.
After recording your Alabama construction lien, you must enforce it by filing suit, within 6 months of the debt becoming due.
For example, a contractor submits a final invoice on March 1 for labor and materials. The invoice is net 30, meaning it is due on April 1. On April 1, the indebtedness has become mature. The complaint to enforce the lien in this instance should be filed six (6) months from April 1, which is October 1.