Section 6-2-1
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 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.)Section 6-2-10
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 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.)Section 6-2-11
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 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.)Section 6-2-12
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 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.)Section 6-2-13
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 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.)Section 6-2-14
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 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.)Section 6-2-15
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 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.)Section 6-2-16
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 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.)Section 6-2-17
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 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.)Section 6-2-2
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 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.)Section 6-2-3
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 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.)Section 6-2-30
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 otherwise specifically provided for in this code.
(b) A civil action for any injury to the person or rights of another resulting from exposure to asbestos, including asbestos-containing products, shall be deemed to accrue on the first date the injured party, through reasonable diligence, should have reason to discover the injury giving rise to such civil action. This subsection shall not apply to or affect in any way, actions referred to in Section 6-5-482.
(Code 1852, §2474; Code 1867, §2898; Code 1876, §3223; Code 1886, §2612; Code 1896, §2793; Code 1907, §4832; Code 1923, §8941; Code 1940, T. 7, §18; Acts 1980, No. 80-566, p. 876, §2.)Section 6-2-31
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 6-6-281.
(b) There is no limitation of the time within which a county or municipal corporation may commence an action for the recovery of its lands.
(Code 1907, §§4830, 4831; Code 1923, §§4939, 4940; Code 1940, T. 7, §§16, 17.)Section 6-2-32
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 of the United States must be commenced.
(Code 1852, §2475; Code 1867, §2899; Code 1876, §3224; Code 1886, §2613; Code 1896, §2794; Code 1907, §4833; Code 1923, §8942; Code 1940, T. 7, §19.)Section 6-2-33
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 lands, tenements or hereditaments, or the possession thereof, except as otherwise provided in this article.
(3) Motions and other actions brought by or on behalf of the State of Alabama, a county, a municipality, or another political subdivision of the state against sheriffs, coroners, constables and other public officers for nonfeasance, misfeasance, or malfeasance in office.
(Code 1852, §2476; Code 1867, §2900; Code 1876, §3225; Code 1886, §2614; Code 1896, §2795; Code 1907, §4834; Code 1923, §8943; Code 1940, T. 7, §20; Acts 1996, No. 96-513, p. 657, §1.)Section 6-2-34
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;
(2) Actions for any trespass to real or personal property;
(3) Actions for the detention or conversion of personal property;
(4) Actions founded on promises in writing not under seal;
(5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;
(6) Actions for the use and occupation of land;
(7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety;
(8) Motions and other actions against attorneys-at-law for failure to pay over money of their clients or for neglect or omission of duty; and
(9) Actions upon any simple contract or speciality not specifically enumerated in this section.
(Code 1852, §2477; Code 1867, §2901; Code 1876, §3226; Code 1886, §2615; Code 1896, §2796; Code 1907, §4835; Code 1923, §8944; Code 1940, T. 7, §21.)Section 6-2-35
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 founded on an equity of redemption existing in any person not a party to the proceedings who claims under the mortgagor or grantor in the deed of trust; and
(2) Except as otherwise specifically provided for, all actions by the state or any subdivision thereof for the recovery of amounts claimed for licenses, franchise taxes, or other taxes.
(Code 1852, §2478; Code 1867, §2902; Code 1876, §3227; Code 1886, §2616; Code 1896, §2797; Code 1907, §4836; Code 1923, §8945; Code 1940, T. 7, §22.)Section 6-2-36
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 any of the courts of the United States or of any other state or country except this state must be commenced.
(Code 1852, §2479; Code 1867, §2903; Code 1876, §3228; Code 1886, §2617; Code 1896, §2798; Code 1907, §4837; Code 1923, §8946; Code 1940, T. 7, §23.)Section 6-2-37
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 the date of the last item of the account or from the time when, by contract or usage, the account is due; and
(2) Proceedings in any court of this state to disbar any attorney authorized to practice law in this state.
(Code 1852, §2480; Code 1867, §2904; Code 1876, §3229; Code 1886, §2618; Code 1896, §2799; Code 1907, §4838; Acts 1915, No. 814, p. 928; Code 1923, §8947; Code 1940, T. 7, §24.)Section 6-2-38
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 6-5-410 must be commenced within two years from the death.
(b) All actions by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues and not after.
(c) For recovery of charges, action shall be begun against common carriers of property by motor vehicles subject to this article within two years from the time the cause of action accrues and not after, except as provided in subsection (d) of this section; provided, that if claim for the overcharge has been presented in writing to the carrier within the two year period of limitation, said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.
(d) If on or before the expiration of the two-year period of limitation in subsection (c) of this section, a common carrier by motor vehicle subject to Chapter 3 of Title 37 begins action under subsection (c) of this section for recovery of charges in respect of the same transportation service or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include 90 days from the time such action is begun or such charges are collected by the carrier.
(e) The cause of action in respect of a shipment of property shall, for the purpose of subsections (b) through (f) of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier and not after.
(f) The term 'overcharges' as used in subsections (b) through (e) of this section shall mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the public service commission.
(g) Any action brought under Section 25-5-11(b) must be brought within two years of such injury or death.
(h) All actions for malicious prosecution must be brought within two years.
(i) All actions for seduction must be brought within two years.
(j) All actions qui tam or for a penalty given by statute to the party aggrieved, unless the statute imposing it prescribes a different limitation, must be brought within two years.
(k) All actions of libel or slander must be brought within two years.
(l) All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.
(m) All actions for the recovery of wages, overtime, damages, fees, or penalties accruing under laws respecting the payment of wages, overtime, damages, fees, and penalties must be brought within two years.
(n) All actions commenced to recover damages for injury to the person or property of another wherein a principal or master is sought to be held liable for the act or conduct of his agent, servant, or employee under the doctrine of respondeat superior must be brought within two years.
(o) All actions commenced under Section 6-5-411 to recover damages for injury or damage to property of a decedent must be brought within two years.
(p) If any action is commenced before the time limited has expired, judgment is entered for the plaintiff and such judgment is arrested or reversed on appeal, the plaintiff or his legal representative may commence an action again within one year from the reversal or arrest of such judgment though the period limited may in the meantime have expired; and in like manner, if more than one judgment is arrested or reversed, an action may be recommenced within one year.
(Code 1896, §2800; Code 1907, §4839; Code 1923, §8948; Code 1940, T. 7, §25; Acts 1953, No. 760, p. 1022, §§1-4; Acts 1984, 2nd Ex. Sess., No. 85-39, p. 40, §1.)Section 6-2-4
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.
(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.)Section 6-2-40
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 or levying taxes, nor to attack the issuance of bonds pursuant to such election, unless commenced within six months from the date of declaring the result of said election.
(Acts 1919, No. 54, p. 57; Code 1923, §8950; Code 1940, T. 7, §27.)Section 6-2-41
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 devisees, be forever discharged from the payment of all legal and equitable debts and obligations unless the persons, including minors and insane persons, owning such debts or benefited by said obligations shall within the time allowed by law, but in no event more than two years from the death of the deceased, file in the probate court of the county where said property is located a verified claim showing the nature and amount of said debts and obligations.
(b) Wherever there has been no executor or administrator appointed, then the person owning said debt or benefited by said obligation must, within three months after filing said claim, cause letters testamentary or of administration to be issued and proceed to subject said land to said debts or obligations.
(c) This section shall not apply to any lien which is expressly created or reserved in any conveyance which may be duly recorded in the probate court or probate office in the county in which the land is situated so as to give notice of said conveyance, nor to any judgments recorded as authorized.
(Acts 1915, No. 487, p. 547; Code 1923, §§8953, 8954; Code 1940, T. 7, §§51, 52.)Section 6-2-5
Section 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.)Section 6-2-6
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 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.)Section 6-2-7
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 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.)Section 6-2-8
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 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) When both disabilities coexist at the time the claim accrued, the limitation does not attach until both are removed.
(c) 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.)Section 6-2-9
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 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.)
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