§ 35-11-213 — Verified Statement - Duty to File; Contents; Form

Alabama § 35-11-213

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 11: Liens
• Art. 5: Liens of Particular Persons or Classes of Persons
• Div. 8: Mechanics and Materialmen

Text

It shall be the duty of every person entitled to such lien to file in the office of the judge of probate of the county in which the property upon which the lien is sought to be established is situated, a statement in writing, verified by the oath of the person claiming the lien, or of some other person having knowledge of the facts, containing the amount of the demand secured by the lien, after all just credits have been given, a description of the property on which the lien is claimed in such a manner that same may be located or identified, a description by house number, name of street, and name of city or town being a sufficient description where the property is located in a city or town, and the name of the owner or proprietor thereof; but no error in the amount of the demand or in the name of the owner or proprietor, shall affect the lien. Unless such statement is so filed the lien shall be lost. Said verified statement may be in the following form, which shall be deemed sufficient:
State of Alabama,
County of _____
_____ files this statement in writing, verified by the oath of _____, who has personal knowledge of the facts herein set forth:
That said _____ claims a lien upon the following property, situated in _____ county, Alabama, to wit:
_________________________________
_________________________________
This lien is claimed, separately and severally, as to both the buildings and improvements thereon, and the said land.
That said lien is claimed to secure an indebtedness of $____ with interest, from to wit _____ day of _____, 19__, for ____________________
The name of the owner or proprietor of the said property is __________________________________________
_________________,
Claimant.
Before me, _____, a notary public in and for the county of _____, State of _____, personally appeared _____, who being duly sworn, doth depose and say: That he has personal knowledge of the facts set forth in the foregoing statement of lien, and that the same are true and correct to the best of his knowledge and belief.
_________________,
Affiant.
Subscribed and sworn to before me on this the _____ day of _____, 19__, by said affiant.
_________________,
Notary Public.

Legislative History

(Code 1876, §3444; Code 1886, §3022; Code 1896, §2727; Code 1907, §4758; Code 1923, §8836; Code 1940, T. 33, §41.)