Code of Alabama - Title 6: Civil Practice - Chapter 2 - Limitation of Actions

• Article 1 General Provisions.
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 6-2-5 Right of entry not tolled
  The right of entry is not tolled by a descent cast.
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Article 2 Time Provisions.
• Section 6-2-30 Commencement of actions - Generally; actions for injuries resulting from exposure to asbestos
  (a) All civil actions must be commenced after the cause of action has accrued within the period prescribed in this article and not afterwards, unless...
• Section 6-2-31 Commencement of actions - No limitation
  (a) There is no limitation of the time within which the state may commence actions for the recovery of any of the land mentioned in...
• Section 6-2-32 Commencement of actions - Twenty years
  Within 20 years, actions upon a judgment or decree of any court of this state, of the United States, or of any state or territory...
• Section 6-2-33 Commencement of actions - Ten years
  The following actions must be commenced within 10 years: (1) Actions founded upon any contract or writing under seal. (2) Actions for the recovery of...
• Section 6-2-34 Commencement of actions - Six years
  The following must be commenced within six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery;...
• Section 6-2-35 Commencement of actions - Five years
  The following must be commenced within five years: (1) Where lands have been sold under a judgment of a court of competent jurisdiction, all actions...
• Section 6-2-36 Commencement of actions - Four years
  Within four years, all actions or motions against any surety to any writ of error, appeal, replevy, or forthcoming bond executed in any case in...
• Section 6-2-37 Commencement of actions - Three years
  The following must be commenced within three years: (1) Actions to recover money due by open or unliquidated account, the time to be computed from...
• Section 6-2-38 Commencement of actions - Two years
  (a) An action by a representative to recover damages for wrongful act, omission, or negligence causing the death of the decedent under Sections 6-5-391 and...
• Section 6-2-40 Commencement of actions - Six months
  No action shall be commenced to test the validity of any election held by any municipality of this state for the purpose of issuing bonds...
• Section 6-2-41 Limitations on claims to charge real estate with debts and obligations of decedent
  (a) The real estate of persons dying testate or intestate shall, as against the rights of mortgagees or purchasers for value from the heirs or...

Last modified: May 3, 2021