adding attorney fees

2 years ago
State: Alabama

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?

Senior Legal Associate Levelset
401 reviews

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.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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