Statute of Limitations on Debt in Alabama
How long a creditor or collector has to sue you over a debt in Alabama, and whether a payment restarts the clock.
Short answer: 6 years for actions founded on promises in writing not under seal, such as a signed loan or credit agreement. Ala. Code § 6-2-34(4)
| Time limit to sue on a written contract | 6 years for actions founded on promises in writing not under seal, such as a signed loan or credit agreement. Sealed instruments have a longer period (§ 6-2-33). Source: Ala. Code § 6-2-34(4) |
|---|---|
| Time limit for credit cards and open accounts | 3 years for claims on an open or unliquidated account, counted from the last item on the account or from when the account is due. Claims for money due on a loan or on a stated (agreed) or liquidated account have 6 years. Which period applies to a credit card debt depends on the account and how the claim is brought. § 6-2-34: https://alison.legislature.state.al.us/code-of-alabama?section=6-2-34 |
| Can a payment restart the clock? | Yes, in two cases only: a partial payment on the debt made by the debtor before the limitations period runs out, or an unconditional promise to pay in writing signed by the debtor. No other act, promise or acknowledgment restarts the period. Source: Ala. Code § 6-2-16 |
Where to get help in Alabama
More Alabama debt & collections
- Wage Garnishment in Alabama
- How to Respond to a Debt Collection Lawsuit in Alabama
- What Creditors Can't Take in Alabama
- All Alabama debt & collections rules
FAQ
What is the statute of limitations on debt in Alabama?
6 years for actions founded on promises in writing not under seal, such as a signed loan or credit agreement.
How long can a creditor sue on a credit card debt in Alabama?
3 years for claims on an open or unliquidated account, counted from the last item on the account or from when the account is due. Claims for money due on a loan or on a stated (agreed) or liquidated account have 6 years. Which period applies to a credit card debt depends on the account and how the claim is brought.
Does making a payment restart the statute of limitations in Alabama?
Yes, in two cases only: a partial payment on the debt made by the debtor before the limitations period runs out, or an unconditional promise to pay in writing signed by the debtor. No other act, promise or acknowledgment restarts the period.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.