Every judgment, a certificate of which has been filed as provided in Section 6-9-210, shall be a lien in the county where filed on all property of the defendant which is subject to levy and sale under execution, and such lien shall continue for 10 years after the date of such judgment; provided, that when an action or other proceeding to enforce or foreclose said lien is instituted or begun within said 10 years, but has not been completed, decided, or determined within said 10-year period, and at the time said action or proceeding is instituted or begun, or lien claimed therein, a lis pendens notice thereof is filed in the office of the judge of probate of the county in which said property is situated, the lien provided for in this section shall continue as to the property upon which said lien is claimed in said action or proceeding and may be enforced or foreclosed in that action as if said 10-year period had not elapsed. No insolvency proceedings or declaration of insolvency shall affect or impair such lien, except bankruptcy proceedings instituted within four months after the filing of the certificate of judgment for record as provided by law. The filing of said certificate of judgment, as provided in Section 6-9-210, shall be notice to all persons of the existence of the lien thereby created.
(Code 1896, §1921; Code 1907, §4157; Code 1923, §7875; Code 1940, T. 7, §585.)
Notes of Decisions
Cited in
41
cases (
3 in the last 5 years), 1983–2025 · leading case:
Matter of Sandefer, 47 B.R. 133 (Bankr. N.D. Ala. 1985).
Matter of Sandefer, 47 B.R. 133 (Bankr. N.D. Ala. 1985).
· cites it 7× “First City Developments contends that its judgment lien attached to the surplus of the funds generated by the sale of the assets of Fre-mar; hence this objection to the claim of First City Developments filed by the Trustee herein.”
Memory v. Jefferson Fed. Sav. & Loan Ass'n (In Re Fair), 28 B.R. 160 (Bankr. M.D. Ala. 1983).
· cites it 9× “The trustee and the debtors make an additional argument based on Section 6-9-211 of the Code of Alabama, 1975, that the judgments, or some of them, do not even constitute a lien under the law of Alabama, and therefore need not be avoided under this special avoiding power.”
Scott v. Hales, 575 So. 2d 1058 (Ala. 1991).
· cites it 6× “The failure to file the lis pendens notice in the probate office within 10 years of the date of judgment in accordance with Code of Alabama 1975, § 6-9-211, would cause the lien to expire as to all except those having actual knowledge of the pendency of the action to enforce the…”
Pope v. Gordon (In Re Camp), 310 B.R. 634 (Bankr. N.D. Ala. 2004).
· cites it 6× “Alabama’s statutes also provide that any certificate so filed “shall be a lien in the county where filed on all property of the defendant which is subject to levy and sale under execution.”
Foster v. Porter Bridge Loan Co., Inc., 27 So. 3d 481 (Ala. 2009).
· cites it 4× “Code 1975, 1 and thereby obtained a hen against the real property pursuant to § 6-9-211, Ala.Code 1975 2 (“the judgment lien”).”
Gillian v. Conoco, Inc. (In Re Norman), 41 B.R. 1 (Bankr. M.D. Ala. 1983).
· cites it 4× “Code, Section 547 as a preference, and under Section 6-9-211 of the Alabama Code (1975), because that Section declares such liens void if obtained within four months of the date of bankruptcy.”
Duncan v. Gunter Ins. Agency (In Re Duncan), 60 B.R. 345 (Bankr. M.D. Ala. 1986).
· cites it 3× “The lien is provided in Alabama Code § 6-9-211 (1975) and continues for up to ten years after the date of the judgment.”
Pope v. Gordon, 922 So. 2d 893 (Ala. 2005).
· cites it 2× “See Ala.Code 1975, § 6-9-211. The Bankruptcy Court held that the Gordons had properly domesticated the Mississippi judgments under the Act.”
Nowlin v. Druid City Hosp. Bd., 475 So. 2d 469 (Ala. 1985).
“See, Code 1975, § 6-9-211. Rule 60(b)(5) specifically provides relief from judgment when the "judgment has been satisfied, released, or discharged.”
Matter of Head, 204 B.R. 1022 (Bankr. N.D. Ala. 1997).
· cites it 4× “(b) The Path To Perfection Although Ala.Code § 6-9-211 (1993) provides that Every judgment, a certificate of which has been filed as provided in Section 6-9-210, shall be a lien in the county where filed on all property of the defendant which is subject to levy and sale under…”
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