What is the statute of limitations for contract claims in Alabama?

1. Written Contracts

Alabama Code § 6-2-34(9) provides a 6-year SOL for actions upon any simple contract, including most written contracts.

2. Oral Contracts

Section 6-2-34(9) also applies a 6-year SOL to oral contracts. Alabama treats simple written and oral contracts identically for limitations purposes.

3. Sealed Instruments / Promissory Notes

Ala. Code § 6-2-33 grants a 10-year SOL for actions founded on any contract or writing under seal. Promissory notes without seal use the 6-year SOL.

4. Sale of Goods (UCC Article 2)

Ala. Code § 7-2-725 (UCC § 2-725) provides a 4-year SOL for breach-of-sales claims from tender of delivery. Parties may shorten to 1 year by original agreement.

5. Open Account / Account Stated

Open accounts use the 3-year SOL under § 6-2-37(1) (an exception to the general 6-year rule). Account stated may use 6 years.

6. Accrual Rule

The cause accrues at breach. Each missed installment under an installment contract starts its own SOL.

7. Discovery Rule for Fraudulent Concealment

Alabama applies the discovery rule for fraud-based claims under § 6-2-3. SOL is tolled where the defendant fraudulently concealed the cause of action.

8. Tolling

Ala. Code § 6-2-8 tolls for minority and insanity. SCRA tolls for active military service. Defendant absence from Alabama may toll under § 6-2-10.

9. Contractual Modification of SOL

Alabama permits reasonable contractual shortening of SOL. Extensions are generally unenforceable before accrual.

10. Borrowing Statute

Ala. Code § 6-2-17 borrows the shorter SOL when the cause of action arose in another state.

This is legal information, not legal advice.