When can you add attorney, filing, and interest fees? Can you charge these fees if your not an attorney? And if you can, how much can you charge/add to the lien?

Answered 1 year ago

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Matt Viator

Legal Associate Levelset

That's a great question, and it's one we actually get quite regularly. In Alabama, a lien claim cannot include attorney fees or other miscellaneous amounts - such as filing fees or interest amounts. Specifically, pursuant to § 35-11-210 of the Alabama lien statute, "the lien shall extend only to the amount of any unpaid balance due the contractor by the owner or proprietor, and the employees and materialmen shall also have a lien on the unpaid balance." Note, however, that if the lien filing ultimately results in a lien enforcement suit, it may be possible for a claimant to be awarded attorney fees, expenses, and/or interest.

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