$0 Alabama Small Claims Collection Checklist

How to Put a Judgment Lien on Property in Alabama

You won a money judgment in Alabama's small claims court. The debtor isn't paying. But you know they own a house — or land, or a rental property. A judgment lien attaches your judgment to that real estate and can prevent a transfer of clear title until the lien is satisfied or released.

Here's exactly how the process works in Alabama, from the courthouse to the Probate Court recording office.

Get a Certificate of Judgment from the District Court Clerk

A judgment lien in Alabama is not created by the judgment itself. Under Alabama Code § 6-9-211, the lien only exists once you record an official Certificate of Judgment in the county's Probate Court.

Start at the District Court Clerk's office where your case was decided. Request a Certificate of Judgment — this is a court-certified document listing the case number, parties, judgment amount, court costs, and the date the judgment was entered. Ask the clerk whether an issuance fee applies.

One critical point: a plain photocopy of the judge's order does not create a valid lien. Alabama courts have held that only a properly certified Certificate of Judgment issued under statutory authority establishes lien rights.

Record the Certificate in Probate Court

Take the certified document to the Judge of Probate's office in the county where the debtor owns real property. The Probate Court maintains the land records where judgment liens are indexed.

Recording fees vary by county. In Mobile County, the total recording fee is $5.50 under Ala. Code § 12-19-90(b)(22). In Jefferson County (Birmingham), expect $16.00 for the first page plus $3.00 per additional page. Cherokee County charges $13.00 for the first page plus $3.00 each after that.

The Probate clerk will index the Certificate in the grantor/grantee records. Once recorded, the lien attaches to all non-exempt real property the debtor owns in that county.

What the Lien Actually Does

A recorded judgment lien doesn't force an immediate sale. What it does:

  • Blocks clean title transfers. The lien prevents a transfer of clear title until satisfied or released. Title companies flag judgment liens during closing searches.
  • Establishes priority. Your lien takes priority over later-recorded liens from the date of recording. It sits behind earlier-recorded mortgages and liens.
  • Catches future acquisitions. If the debtor buys property in that county after you record the Certificate, the lien attaches to the new property too.

Under Ala. Code § 6-9-211, a properly recorded judgment lien lasts 10 years from the date of judgment entry. That gives you a long window — the debtor may eventually need to sell, refinance, or take out a home equity loan, and your lien will be waiting.

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Multi-County Recording

The lien only covers the county where you record. If the debtor owns property in multiple Alabama counties, you need a separate Certificate of Judgment recorded in each county's Probate Court.

This means additional recording fees for each county, but the filing process is the same everywhere.

The Homestead Exemption

Alabama law does protect some equity. Under Ala. Code § 6-10-2 and the Alabama Constitution, a debtor can claim a homestead exemption of up to $15,000 per individual ($30,000 for joint owners) on up to 160 acres. If the debtor's equity is less than the exemption amount, your lien attaches but you may not be able to force a sale.

The lien still matters even with the exemption — it prevents the debtor from walking away with sale proceeds beyond the exemption amount.

Releasing the Lien After Payment

Once the judgment is satisfied, you have a legal obligation to clear the public record. File a Satisfaction of Judgment with the District Court Clerk, and record a formal release or cancellation in every Probate Court where you recorded the Certificate. Promptly recording the release clears the public land records.

The Full Enforcement Toolkit

A judgment lien is one piece of the collection puzzle. For the complete step-by-step process — including wage garnishment, bank account garnishment, asset discovery, and when to use each tool — the Alabama Judgment Collection Guide walks through every enforcement option with the specific forms, fees, and deadlines for each Alabama county.

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