§ 35-11-412 — Filing of Verified Statement; Limitation of Actions

Alabama § 35-11-412

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 11: Liens
• Art. 5: Liens of Particular Persons or Classes of Persons
• Div. 17: Improvements on Public Streets, Etc

Text

(a) It shall be the duty of every person entitled to such a 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, 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 form set out in Section 35-11-150.
(b) The lien declared in this division shall be deemed lost unless the statement referred to in subsection (a) of this section shall be filed by the original contractor or his assigns within six months after the last item of work or labor has been performed or the last item of any material has been furnished for the improvement made under or by virtue of the contract with the owner or the proprietor of the land abutting the improvement, and any action for the enforcement thereof must be commenced within six months after the maturity of the entire indebtedness secured by said lien.

Legislative History

(Acts 1969, No. 1068, p. 1989, §§3, 4.)