ALABAMA STATUTE OF LIMITATIONS QUICK REFERENCE

Administrators or Executors

Actions brought by or against (§6-2-14)
All limitation periods tolled for up to 6 months between the death of a person and the grant of letters testamentary or administration

Civil action against (§43-2-131) – 6 months after the grant of letters testamentary

Civil action to recover legacy (§43-2-138) – 6 months after the grant of letters testamentary

Appeals from probate court (§12-22-21) – 42 days

Bank deposits and collections

Action to enforce obligations – 3 years

Re: time deposits (§7-4-111) – Due date or 4 years after the last written communication from the bank

Child Support, Family Support,
arrearages (§30-3A-604) – AL statute of limitation or statute of issuing state, whichever is longer

Commercial code, action to enforce
obligation (§7-5-115) – 2 years after the expiration date of the relevant letter of credit or 1 year after cause of action accrues, whichever occurs later

Common Carrier
Actions by carrier for recovery of charges (§6-2-38[b])1 – 2 years

Actions brought against carrier for recovery of overcharges
(§6-2-38 [c])1 – 2 years

If written notice given within the 2 years (§6-2-38[c])1 – Time period extended 6 months from date notice is given

Contesting Elections
Validity of election not triable (§6-6-598) – 20 days

(§11-41-2) – 42 days
(§11-46-69) and (§11-46-140) – 5 days

Contracts
Contract or writing under seal (§6-2-33) – 10 years
Simple Contract (§6-2-34[9])1 – 6 years
Promises in writing not under seal (§6-2-34[4]) 1 – 6 years
Open or Unliquidated Account (§6-2-37[1]) – 3 years from the date of the last item of the account or from the date the account is due

Contracts for Sale (§7-2-725]) – 4 years; period may be reduced to 1 year by agreement

Counties, claims against (§11-12-8]) – 12 months

Criminal Procedure
Capital offense and felonies involving violence, physical injury or death, arson, forgery, counterfeiting, drug trafficking (§15-3-5) – No limit

Conversion of public revenue (§15-3-3) – 6 years

Misdemeanors (§15-3-2) – 12 months

Other felonies (§15-3-1) – 3 years

Unlawful taking or using of property (§15-3-4) – 30 days

Sex offense involving victim under 16 years of age (§15-3-5) – No limit

Deceptive Trade Practices, (§8-19-14) – 1 year / 4 years

Default, under lease contract (§7-2A-506) – 4 years; period may be reduced to 1 year by original contract

Disparagement of perishable agriculture or aqua cultural food products or commodities (§6-5-624) – 1 year

Fraud
Action seeking relief on the ground of fraud (§6-2-3) – 2 years from the discovery of the fraud

In probate matters (§43-8-5) – 1 year / 5 years

Fraudulent transfer (§8-9A-9)
Of real property – 10 years
Of personal property – 6 years
When action brought by the creditor whose claim arose before transfer – 4 years
When action brought by the creditor whose claim arose after transfer – 1 year

Infants and Incompetents
For improper appointment of guardian (§6-7-103) – statute of limitations tolled until removal of disability, or until infant reaches age of 19; thereafter 2 years

Father’s liabilities for past education and support (§26-17-636[h]) – 2 years

Action to determine paternity (§26-17-606[b]) – until the child reaches 19 years old

Action against country (§11-12-8) – 12 months after the removal of disability

Injuries
Trespass to person or liberty (i.e. false imprisonment or assault and battery) (§6-2-34[1])1 – 6 years

Trespass to real or personal property (§6-2-34[2])1 – 6 years

To personal property (detention or conversion) (§6-2-34[3])1 – 6 years

Use and occupation of land (§6-2-34[6])1 – 6 years

To person or to rights of another not arising from contract (§6-2-38[1])1 – 2 years

Libel or slander 6 years (§6-2-34[k])1 – 2 years

Seduction (§6-2-38[i])1 – 2 years

Malicious prosecution (§6-2-38[h])1 – 2 years

To person or property of another where principal liable for agent (§6-2-34[n])1 – 2 years

To property or decedent under §6-5-411 (§6-2-38[o])1 – 2 years

To real or personal property or to person (including wrongful death) against any person for deficiencies in the design, planning, supervision, or observation of construction or improvements (§6-5-218[a][1]-[3]) (Preempted or held unconstitutional by Jackson v. Mannesmann Demag Corp., 435 So.2d 725 (Ala. 7/8/83)) – 7 years after substantial completion of such construction or improvement

To real or personal property or to person (including wrongful death) against architects, contractors, and engineers for deficiencies in design, planning, specifications, testing, supervision, administration or observation of construction or improvements (§6-5-221[a][i]-[iii]) –
2 years/13 years SOR*

*Statute of Repose

Statutes of Limitations continued