Code of Alabama
Ala. Code § 35-11-215 (2026)
Verified Statement - Time for Filing.
✓ official Alabama Legislature (ALISON) text, current July 2026
The lien declared in this division shall be deemed lost unless the statement referred to in Section 35-11-213 shall be filed by every original contractor within six months and by every journeyman and day laborer within 30 days, and by every other person entitled to such lien within four months, after the last item of work or labor has been performed or the last item of any material, fixture, engine, boiler, or machinery has been furnished for any building or improvement on land or for repairing, altering, or beautifying the same under or by virtue of any contract with the owner or proprietor thereof, or his agent, architect, trustee, contractor, or subcontractor.
(Code 1876, §§3444, 3454; Code 1886, §§3022, 3041; Code 1896, §§2727, 2746; Code 1907, §§4758, 4777; Code 1923, §§8836, 8855; Code 1940, T. 33, §42.)
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1982–2025 · leading case: In Re Cook, 384 B.R. 282 (Bankr. N.D. Ala. 2008).
In Re Cook, 384 B.R. 282 (Bankr. N.D. Ala. 2008). “6 AlaCode § 35-11-215 (1975). Second, within six months after the maturity of the debt secured by the inchoate lien, the contractor must commence an action in circuit court seeking the enforcement of his lien.”
Bailey Mortg. Co. v. Gobble-Fite Lumber Co., 565 So. 2d 138 (Ala. 1990). “The second prerequisite to enforcement of a lien is the filing of a lien statement, within different time periods, as dictated by statute, from the date the last work was performed on the project.”
Lawson v. Brian Homes, Inc., 6 So. 3d 1 (Ala. Civ. App. 2006). “Specifically, this court held that the lender had not loaned its money to discharge *5 the senior mortgage and that the lender had had constructive notice of the materialman's lien by virtue of the enactment of § 35-11-215, Ala.Code 1975, which allows for the filing of lien…”
Hoover Gen. Contractors-Homewood, Inc. v. Key, 201 So. 3d 550 (Ala. 2016). “See § 35-11-215, Ala.Code 1975 (providing- that the lien must 'be filed within six months); see also § 35-11-221, Ala.”
Starek v. TKW, INC., 410 So. 2d 35 (Ala. 1982). “" Code 1975, § 35-11-215, and the action for the enforcement of the lien was "commenced within six months after the maturity of the entire indebtedness secured thereby.”
Paragon Ltd., Inc. v. Boles, 987 So. 2d 561 (Ala. 2007). “Code 1975 (providing that "[a]ny action for the enforcement of the lien declared in this division must be commenced within six months after the maturity of the entire indebtedness secured thereby").”
Natures Way Marine, LLC v. Dunhill Entities, LP, 63 So. 3d 615 (Ala. 2010). “In its motion seeking a partial summary judgment, Dunhill argued that any dredging work performed by Natures Way occurred on or in public waters and thus that there was no dredging on its land and that all dredging work performed by Natures Way ceased as of December 10, 2008,…”
In Re Neylon, 18 B.R. 765 (Bankr. S.D. Ala. 1982). “Bayou has argued that it followed the lien perfection requirements of Section 35-11-213, Code of Alabama (1975), within the six-month time limit of Section 35-11-215, and that under Alabama law, the filing of the lien within the statutory period relates back to the commencement…”
Saunders v. Lawson, 982 So. 2d 1091 (Ala. Civ. App. 2006). “We answered that question in the affirmative and determined that any lien that might be proven by Lawson was subordinate to the mortgage held by Chase.”
Gov't Street Lumber Co. v. Baldwin Cnty. Sav. & Loan Ass'n, 532 So. 2d 645 (Ala. Civ. App. 1988). “The trial court conducted an ore tenus hearing and found that all mechanic’s and materialman’s liens filed against the subject property were subordinate to BCSL’s two mortgages.”
Massey Asphalt Paving, Inc. v. Lee Land Dev., Inc., 203 So. 3d 1271 (Ala. Civ. App. 2016). “The trial court, however, also found that Massey did not hold a lien on the properties because, the trial court determined, Massey had not timely filed its statement of lien in the probate court pursuant to § 35-11-215, Ala.Code 1975. That Code provision requires Massey to have…”
Peoples Bank v. SAIIA Constr., LLC (In re B & M Props., LLC), 346 B.R. 854 (Bankr. N.D. Ala. 2006). “Code § 35-11-210 (1975); 1 (2) file a verified statement of lien in the probate office of the county where the improvement is located, Ala.Code § 35-11-215; and (S) file suit to enforce the lien in the circuit or district court in which the property is located.”
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