Judgment Liens on Property in Alabama

You went to court and got a judgment that says you're entitled to money from the party you sued, now called a "judgment debtor." What comes next? How can you—the judgment creditor—collect the money you're due? That's the focus of this article.

One way to collect is by putting judgment liens on the judgment debtor's Alabama property. After a quick review of how judgment liens differ from judgments, we'll turn our attention to the specifics of Alabama law. In particular, we cover:

• the kinds of property subject to Alabama judgment liens
• how you put judgment liens on Alabama property
• how long your judgment lien lasts and how you can extend it, and
• the ways you can turn your judgment lien into money.

If you want some background information, here's more about how court judgments are collected.

What's the Difference Between a Judgment and a Judgment Lien?

A judgment is a court order that says a judgment creditor is legally entitled to a sum of money from a judgment debtor. But a judgment, standing alone, isn't self-enforcing. That is, you can't take a judgment to your county sheriff's office and demand that the judgment debtor's real estate be sold to pay you.

If you want to seize and sell the judgment debtor's property, you first have to attach your judgment to specific items of property. That's what a judgment lien does. As we'll see below, once you take the correct steps to record your judgment, it becomes a lien against the judgment debtor's property. At that point, you can look for ways to turn your judgment into cold, hard cash.

Kinds of Property Subject to Alabama Judgment Liens

In Alabama, you can attach judgment liens to real estate, meaning land, buildings, and other improvements. In addition, you're allowed to put judgment liens on Alabama personal property—cars, artwork, antiques, electronics, household furnishings, and the like.

When you properly record an Alabama judgment lien (see below), it attaches to property the judgment debtor:

• presently owns, and
• acquires later, as long as your judgment lien is still good.

Alabama Exemptions

Like all states, Alabama exempts some property—both real and personal—from the reach of creditors. A few examples (as of July 1, 2023) include:

• as a homestead exemption, up to $18,800 worth of real estate or personal property used as a primary residence, covering an area up to 160 acres
• all wearing apparel
• all family portraits, pictures, and books, and
• as much as $9,400 worth of other personal property selected by the judgment debtor.

Alabama exemption values are adjusted every three years. Adjusted values are published by the Alabama Treasurer.

How to Attach Alabama Judgment Liens

In Alabama, a judgment becomes a judgment lien when a certificate of judgment is recorded with the probate judge for the county where the judgment debtor's property is located. You get a certificate of judgment from the clerk of the court that issued your judgment. Check the clerk's website or call ahead to see if they have a form, or if there are special procedures you need to follow.

You must record a certificate of judgment in each Alabama county where you want a judgment lien. In other words, a certificate of judgment recorded in Mobile County won't create a judgment lien on property in Shelby County (or any other county, for that matter).

How Long Does Your Alabama Judgment Last?

Subject to the statute of limitations (discussed below), an Alabama judgment is good for 10 years from the later of:

• the date the judgment was entered, or
• the date of your last collection activity on it.

If 10 years pass and you don't make any effort to execute on (collect) a judgment, it's presumed satisfied. This presumption means that your judgment effectively becomes dormant—you can't try to collect on it unless you first revive it. You revive a judgment by filing a motion to revive in the court that first issued it. A local collections lawyer can provide details.

Here's an example. Say you got a judgment on July 1, 2018. If you do nothing, you've got a judgment that remains active until June 30, 2028. But suppose that on March 1, 2025, you asked the clerk of the court that issued the judgment for a writ of execution—an order that directs the sheriff to try to seize and sell the judgment debtor's property.

Issuing the writ of execution resets the judgment clock for up to 10 years. Now, your judgment will remain active until February 28, 2035. If you don't take any further collection activity before that date, your judgment goes dormant. If you want to revive it, you must file a motion to revive as mentioned above.

There's a final twist to the life of your judgment. The Alabama judgment collection statute of limitations—the deadline to file a lawsuit to collect—is 20 years from the date judgment was entered. Beyond that date, you're not allowed to revive your judgment. Long story short: If you haven't collected your judgment within 20 years, you're out of luck.

How Do You Turn an Alabama Judgment Lien Into Money?

In general, there are three ways you can try to collect on a Virginia judgment lien:

• negotiate a settlement
• wait for the judgment debtor to sell or refinance the property, and
• execute on your lien.

Negotiate a Settlement

If you want payment sooner rather than later, this is likely your best choice. No, you won't get all money you're entitled to, but that's the nature of a settlement. You'll collect faster—and more inexpensively—than via the other two options.

Wait for the Judgment Debtor to Sell or Refinance

Most often, a buyer or lender will insist on clear title, free of all judgment liens. So, to sell or refinance, the judgment debtor will have to approach you to make a deal. Only now, you've probably got more negotiating leverage. As long as you're willing to sit tight and wait, this too is a low-cost, low-stress way to collect.

Execute on Your Lien

Executing on your lien means having the sheriff sell the judgment debtor's property at auction. This might seem like a tempting option. But before you head down this path, check with a local attorney to find out about the legwork and costs involved. In addition, see who's ahead of you in payment priority, or you might discover—too late—that the sale proceeds aren't enough to pay you in full (or at all).

Lastly, be aware that this step might be just the push the judgment debtor needs to declare bankruptcy. Should that happen, you're likely to be standing in a long, very unhappy line of creditors with little chance of getting paid.

Next Steps

We've covered Alabama's judgment lien basics, but of course, the devil's in the details. You might decide that your best option is to get help collecting your judgment. An experienced Alabama creditor's rights or collection attorney can answer your questions and help you chart a collection path that gives you the best chance to maximize your recovery.