General Provisions.

Ala. Code tit. 6, ch. 2, art. 1

in effect

Ala. Code § 6-2-1 Applicability of Chapter - Generally.

6-2-1. Applicability of Chapter - Generally. This chapter shall apply to and govern claims in all courts, and shall apply whether the claim upon which an action is commenced is based upon a debt or obligation of either legal or equitable nature. (Acts 1915, No. 487, p. 547; Code 1923, §8955; Code 1940, T. 7, §31.)

Ala. Code § 6-2-2 Applicability of Chapter - Exceptions.

6-2-2. Applicability of Chapter - Exceptions. (a) This chapter shall not affect Section 43-2-113 insofar as it relates to claims against the heir, legatee, or devisee. (b) The limitations provided in this chapter do not apply to such actions as concern the trade of merchandise between merchants and merchants, or their agents and factors, while the accounts between them are current. (c) The provisions of this chapter do not apply to actions to enforce the payment of bills, notes, or other evidences of debt issued or put in circulation as money. (d) This chapter shall not apply to any liens to secure the payment of taxes or liens arising out of the signing of any bond by any public official. (e) This chapter shall not apply to negotiable instruments which are governed by Sections 7-3-118 and 7-4-111. (Code 1852, §§2488, 2901; Code 1867, §§2912, 2925; Code 1876, §§3238, 3251; Code 1886, §§2626, 2639; Code 1896, §§2809, 2824; Code 1907, §§4848, 4863; Acts 1915, No. 487, p. 547; Code 1923, §§8954, 8956, 8962, 8977; Code 1940, T. 7, §§32, 38, 49, 52; Acts 1995, No. 95-668, p. 1381, §4.)

Ala. Code § 6-2-3 Accrual of Claim - Fraud.

6-2-3. Accrual of Claim - Fraud. In actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have two years within which to prosecute his action. (Code 1852, §2492; Code 1867, §2916; Code 1876, §3242; Code 1886, §2630; Code 1896, §2813; Code 1907, §4852; Code 1923, §8966; Code 1940, T. 7, §42; Acts 1984, 2nd Ex. Sess., No. 85-39, p. 40, §2.)

Ala. Code § 6-2-4 Accrual of Claim - Right of Entry.

6-2-4. Accrual of Claim - Right of Entry. When a right of entry on lands accrues, the entry must be considered as having been made and the claim as having then accrued. (Code 1852, §2482; Code 1867, §2906; Code 1876, §3232; Code 1886, §2620; Code 1896, §2803; Code 1907, §4842; Code 1923, §8952; Code 1940, T. 7, §50.)

Ala. Code § 6-2-5 Right of Entry Not Tolled.

6-2-5. Right of Entry Not Tolled. The right of entry is not tolled by a descent cast. (Code 1852, §2483; Code 1867, §2907; Code 1876, §3233; Code 1886, §2621; Code 1896, §2804; Code 1907, §4843; Code 1923, §8957; Code 1940, T. 7, §33.)

Ala. Code § 6-2-6 Commencement of Limitation - Principal Against Deputy or Agent.

6-2-6. Commencement of Limitation - Principal Against Deputy or Agent. When an injury arises from the act or omission of a deputy or agent, the time for the limitation of an action by the principal against such deputy or agent does not commence to run until the liability of the principal for the act or omission of such deputy or agent is ascertained by an action of the party aggrieved against the principal. (Code 1852, §2496; Code 1867, §2920; Code 1876, §3246; Code 1886, §2634; Code 1896, §2819; Code 1907, §4858; Code 1923, §8972; Code 1940, T. 7, §44.)

Ala. Code § 6-2-7 Commencement of Limitation - Where Demand Necessary for Action.

6-2-7. Commencement of Limitation - Where Demand Necessary for Action. When a right exists but a demand is necessary to entitle the party to an action against any officer, agent, or attorney, the limitation commences from the commission or omission of the act giving the right of action and not from the date of the demand. (Code 1852, §2491; Code 1867, §2915; Code 1876, §3241; Code 1886, §2629; Code 1896, §2812; Code 1907, §4851; Code 1923, §8965; Code 1940, T. 7, §41.)

Ala. Code § 6-2-8 Suspension of Limitation - Disabilities.

6-2-8. Suspension of Limitation - Disabilities. (a) If anyone entitled to commence any of the actions enumerated in this chapter, to make an entry on land or enter a defense founded on the title to real property is, at the time the right accrues, below the age of 19 years, or insane, he or she shall have three years, or the period allowed by law for the commencement of an action if it be less than three years, after the termination of the disability to commence an action, make entry, or defend. No disability shall extend the period of limitations so as to allow an action to be commenced, entry made, or defense made after the lapse of 20 years from the time the claim or right accrued. Nothing in this section shall be interpreted as denying any imprisoned person the right to commence an action enumerated in this chapter and to make any proper appearances on his or her behalf in such actions. (b) If anyone entitled to commence any of the actions enumerated in this chapter is, at the time the right accrues, below the age of 19 years, or insane, and the injury upon which the action is based arises from a sex offense as described in Section 15-20A-5, he or she shall have six years after the termination of the disability to commence the action. (c) When both disabilities coexist at the time the claim accrued, the limitation does not attach until both are removed. (d) A disability which did not exist when a claim accrued does not suspend the operation of the limitation unless the contrary is expressly provided. (Code 1852, §§2498, 2499; Code 1867, §§2922, 2923; Code 1876, §§3236, 3248, 3249; Code 1886, §§2624, 2636, 2637; Code 1896, §§2807, 2821, 2822; Code 1907, §§4846, 4860, 4861; Code 1923, §§8960, 8974, 8975; Code 1940, T. 7, §§36, 46, 47; Acts 1996, No. 96-641, p. 1022, §1; Act 2019-480, §1.)

Ala. Code § 6-2-9 Suspension of Limitation - Claims Against Estates.

6-2-9. Suspension of Limitation - Claims Against Estates. Where a claim against the estate of a decedent has been duly presented, the limitation for the commencement of an action thereon is suspended until the personal representative, heir, or devisee of such decedent shall, by notice in writing, dispute the validity of such claim in whole or in part. (Code 1896, §2817; Code 1907, §4856; Code 1923, §8970; Acts 1939, No. 517, p. 806; Code 1940, T. 7, §30.)

Ala. Code § 6-2-10 Computation of Time - Absence of Person from State.

6-2-10. Computation of Time - Absence of Person from State. When any person is absent from the state during the period within which an action might have been commenced against him, the time of such absence must not be computed as a portion of the time necessary to create a bar under this chapter. (Code 1852, §2484; Code 1867, §2908; Code 1876, §3234; Code 1886, §2622; Code 1896, §2805; Code 1907, §4844; Code 1923, §8958; Code 1940, T. 7, §34.)

Ala. Code § 6-2-11 Computation of Time - Nonmerchant Mutual Accounts.

6-2-11. Computation of Time - Nonmerchant Mutual Accounts. When there are mutual accounts between persons who are not merchants, time must be computed from the date of the last item unless the account is liquidated and a balance struck. (Code 1852, §2489; Code 1867, §2913; Code 1876, §3239; Code 1886, §2627; Code 1896, §2810; Code 1907, §4849; Code 1923, §8963; Code 1940, T. 7, §39.)

Ala. Code § 6-2-12 Computation of Time - Stays by Injunction or Statutory Prohibition.

6-2-12. Computation of Time - Stays by Injunction or Statutory Prohibition. When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not computed as a part of the limitation time. (Code 1852, §2497; Code 1867, §2921; Code 1876, §3247; Code 1886, §2635; Code 1896, §2820; Code 1907, §4859; Code 1923, §8973; Code 1940, T. 7, §45.)

Ala. Code § 6-2-13 Computation of Time - Contracts During War.

6-2-13. Computation of Time - Contracts During War. When the United States is at war with a foreign country and either party to a contract is a subject or citizen thereof, the time of the continuance of the war is not computed as part of the time limited for the commencement of an action. (Code 1852, §2500; Code 1867, §2924; Code 1876, §3250; Code 1886, §2638; Code 1896, §2823; Code 1907, §4862; Code 1923, §8976; Code 1940, T. 7, §48.)

Ala. Code § 6-2-14 Computation of Time - Granting of Letters Testamentary or Administration.

6-2-14. Computation of Time - Granting of Letters Testamentary or Administration. The time between the death of a person and the grant of letters testamentary or of administration, not exceeding six months, is not to be taken as any part of the time limited for the commencement of actions by or against his executors or administrators. (Code 1852, §2494; Code 1867, §2918; Code 1876, §3244; Code 1886, §2632; Code 1896, §2815; Code 1907, §4854; Code 1923, §8968; Code 1940, T. 7, §53.)

Ala. Code § 6-2-15 Agreement or Stipulation to Limit Time Prescribed Void; Exception.

6-2-15. Agreement or Stipulation to Limit Time Prescribed Void; Exception. Except as may be otherwise provided by the Uniform Commercial Code, any agreement or stipulation, verbal or written, whereby the time for the commencement of any action is limited to a time less than that prescribed by law for the commencement of such action is void. (Code 1896, §2802; Code 1907, §4841; Code 1923, §8951; Code 1940, T. 7, §28; Acts 1965, No. 549, p. 811.)

Ala. Code § 6-2-16 Sufficiency of Partial Payment or Written Promise to Remove Bar.

6-2-16. Sufficiency of Partial Payment or Written Promise to Remove Bar. No act, promise, or acknowledgment is sufficient to remove the bar to an action created by the provisions of this chapter, nor is such evidence of a new and continuing contract, except a partial payment, made upon the contract by the party sought to be charged before the bar is complete or an unconditional promise in writing signed by the party to be charged thereby. (Code 1852, §2490; Code 1867, §2194; Code 1876, §3240; Code 1886, §2628; Code 1896, §2811; Code 1907, §4850; Code 1923, §8964; Code 1940, T. 7, §40.)

Ala. Code § 6-2-17 Effect of Foreign Statutes Upon Actions on Contracts.

6-2-17. Effect of Foreign Statutes Upon Actions on Contracts. When the statute of limitations of another state or foreign country has created a bar to an action upon a contract made or act done in such state or country while the party sought to be charged thereby was a resident of such state or country, the bar thus created is effectual in this state against any action commenced thereon in the same manner it would have been in the state or country where the act was done or contract made. (Code 1852, §2487; Code 1867, §2911; Code 1876, §3237; Code 1886, §2625; Code 1896, §2808; Code 1907, §4847; Code 1923, §8961; Code 1940, T. 7, §37.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026