Uh oh! You Recorded Your Judgment, But Not a Certificate.
In my 30+ years of practice, this is the first time I've seen this particular issue (although I suspect it occurred frequently in the past). A creditor sues and gets a judgment. He takes that judgment to the Probate Office and records it. Does the creditor have a lien under Ala. Code Section 6-9-210?
No. In BMJA, LLC v. Murphy, decided January 10, 2010, the Alabama Supreme Court held that recording a judgment accomplishes nothing. In order to create a lien pursuant to Section 6-9-210, you must record a certificate of judgment. The decision is predicated upon a strict construction of the language of Section 210.
It is common practice today for the clerk's office to generate a Certificate of Judgment in recordable form without your having to request one. In the old days, you had to ask for a certificate. But, for those who represent themselves, be warned that recording your judgment does nothing other than make the County a few dollars.
