Alabama Statutes of Limitations

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Alabama Statutes of Limitations

Post by David A. Szwak »

Alabama Statutes of Limitations

Contracts under seal: 10 years, (A.C. 6-2-33)

Contracts not under seal; actions on account stated and for detention of personal property or conversion: 6 years (A.C. 6-2-34)

Sale of goods under the UCC: 4 years (A.C. 7 -2- 725)

Open accounts: 3 years (A.C. 6-2-37)

Actions to recover charges by a common carrier and negligence actions; 2 years, (A.C. 6-2-38)

Actions based on fraud: 2 years (A.C. 6-2-3)
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Post by David A. Szwak »

1. Ayers v. Cavalry SVP I, LLC,
876 So.2d 474, Ala.Civ.App., October 03, 2003 (NO. 2020728)

...v. Decatur Cylinder, Inc., 595 So.2d 1329, 1332 (Ala.1992) § 6-2-37(1), Ala.Code 1975 (statute of limitations for cause of action alleging an open account is three years). [ FN2.] The relevant dates for the account at issue are unclear from the record before this court. This is a...


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2. Defco, Inc. v. Decatur Cylinder, Inc.,
595 So.2d 1329, Ala., January 03, 1992 (NO. 1900619)

...contract. No mention was made in those modifications of the alleged amount due on account. [3] The statutory period of limitations for an account stated is six years, Ala.Code 1975, § 6-2-34(5) , and, for an open account, three years, § 6-2-37(1) In response to Decatur Cylinder's defense of the statute of limitations, Defco argues that Decatur...


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3. Holloway v. Alabama Power Co.,
568 So.2d 1245, Ala.Civ.App., September 12, 1990 (NO. CIV. 7458)

...Action On 10k 1 Open Accounts in General 10k 2 k. Nature and Grounds of Action. Three-year statute of limitation for actions on open accounts did not limit recovery to amounts owed within three years prior to commencement of action to recover on open account; statute of limitation barred bringing action, rather than limiting amount of recovery once action has been properly filed. Code 1975, § 6-2...


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4. Wilhite v. Beasley,
497 So.2d 103, Ala., September 19, 1986 (NO. 84-775)

...in failing to direct a verdict in their favor on the account stated claim and on the portion of the open account claim relating to work performed more than three years prior to the filing of suit, and in charging the jury on the statute of limitations and on the rate of pre-judgment interest. Beasley represented the Wilhites in legal matters for nearly twenty years, from...

...an additional $3000 per month, or $75,000. This evidence clearly supports the jury's verdict of $123,363.60. These items of open account were within the three-year statute of limitations, Code 1975, § 6-2-37 , so any error in denying the motion for directed verdict on items of open account older than three years before the complaint was filed in August 1983 was harmless. Therefore, we need not address the arguments put forward with...


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5. Wyatt v. Bradford & Co., P.C.,
456 So.2d 822, Ala.Civ.App., September 05, 1984 (NO. CIV. 4297)

...and two months after the bill was rendered and Wyatt claims the statute of limitation has run. The statute of limitation on an open account is three years, § 6-2-37, Code of Alabama 1975 , while the statute of limitation on an account stated is six years, § 6-2-34, Code 1975 The trial court found the bill for $1,267.50 to be an account stated...


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6. Owings v. Gullett,
437 So.2d 1050, Ala.Civ.App., August 24, 1983 (NO. CIV. 3772)

...part and remanded. West Headnotes [1] 10 Account, Action On 10k 1 Open Accounts in General 10k 4 k. Defenses. Open account claim brought by doctor against patient for payment of bill was barred by three-year statute of limitations where services were rendered in February 1978, statement was sent for those services within 30 days, and suit was not brought until more than four years later. [2] 11 Account Stated 11k 6 Implied Assent of Party to Be Charged 11k 6(2) k. Retention Without...


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7. White v. Sikes, Kelly, Edwards and Bryant, P. C.,
410 So.2d 66, Ala.Civ.App., February 03, 1982 (NO. CIV. 2789)

...value of services rendered under implied contract, the terms of which were not fixed by the parties, is merely an open account and suit thereon is subject to be barred after three years under applicable limitations statute. Code 1975, § 6-2-37 [5] 331 Release 331III Proceedings to Establish Release 331k 58 Questions for Jury...


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8. Humphrey v. Boschung,
287 Ala. 600, 253 So.2d 769, Ala., September 30, 1971 (NO. 8 DIV. 415)

...not rely upon an express contract in their claim, the contestant in Pleas 2 and 3 pleaded the statute of limitations of six years applicable to a simple contract ( s 21, Title 7, Code 1940 Keel v. Weinman, 266 Ala. 684, 98 So.2d...

...611; Marsh v. Southern Airways, Inc., 5 Cir., 316 F.2d 91), along with a plea of the statute of limitations of three years ( s 24, Title 7, Code 1940), applicable to open account claims for services rendered a deceased. Norton v. Liddell, Supra. The Court of Civil Appeals held that claimants' Charge 32...


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9. Oakdale Land Co. v. Fielding,
40 Ala.App. 601, 118 So.2d 608, Ala.App., March 02, 1960 (NO. 6 DIV. 729)

...of action, etc., citing United States Steel Corp. v. McGehee, 262 Ala. 525, 80 So.2d 256; (b) actions on open account must be begun within three years, etc., citing Code 1940, T. 7, § 24; (c) under pleas in short by consent with leave to offer proof of special matters of defense, the defendant may make issue on the Statute of Limitations, citing the McGehee case, above; (d) the provisions of clause 5 of the Statute of Frauds, T. 20, § 3...


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10. Hawie v. Kelly,
256 Ala. 31, 53 So.2d 609, Ala., June 28, 1951 (NO. 1 DIV. 435)

...the effect that the matters relied upon in the special pleas claiming money due from plaintiff to defendant on an open account, and for money loaned by defendant to plaintiff, were barred by the statute of limitations for three years. Replications four, five, six and seven were to the effect that the defendant was estopped from asserting these claims because...


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11. Ratliff v. Silvey,
30 Ala.App. 228, 3 So.2d 328, Ala.App., June 30, 1941 (NO. 7 DIV. 600)

...dates of labor done for and materials furnished to deceased in repairing buildings and the dates of credits was an “open accountâ€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
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