Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Alabama
How long a creditor or debt collector has to sue you over a debt in Alabama, by debt type — and, just as important, when that clock can restart.
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The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
Three years. Alabama treats a credit-card account as an open account under §6-2-37, not a written contract. The 2016 legislature (SB288) reinforced the three-year period for delinquent card accounts. This is the short side, so many card debts in Alabama go time-barred faster than in states that use the six-year written-contract clock.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Once the period has run out, only an unconditional promise in writing signed by the debtor revives an Alabama debt (§6-2-16). A partial payment can restart the clock only if it is made before the period expires; a payment made after the debt is already time-barred does not bring it back. When in doubt, do not pay or sign anything on an old debt without advice.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Alabama classifies each debt type.
| Debt type | Limit in Alabama | How it's classified |
|---|---|---|
| Credit card | 3 years | Open account (§6-2-37) |
| Written contract | 6 years (§6-2-34) | — |
| Oral contract | 6 years (§6-2-34) | Alabama does not carve out a shorter oral-contract period. Simple contracts fall under the same six-year section. |
| Open account | 3 years (§6-2-37) | — |
| Promissory note | 6 years (§6-2-34) | — |
SB 288 (2016): SB288 amended §6-2-37 to confirm a three-year statute of limitations for delinquent credit-card and open accounts.
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Alabama debtors get wrong
Alabama runs two different clocks, and the gap between them is what trips people up. A written contract gives a creditor six years to sue under §6-2-34, but a credit-card account is treated as an open account under §6-2-37, with only three years. That three-year period is measured from the date of the last item on the account, so an old card balance can go time-barred quickly. The 2016 legislature passed SB288 to make the three-year card rule explicit. If your debt is already past the deadline, be careful: under §6-2-16 only a signed written promise revives it, and a fresh payment before the deadline can restart the whole clock.
Common questions
What is the statute of limitations on credit-card debt in Alabama?
Three years. Alabama treats a credit-card account as an open account under §6-2-37, not a six-year written contract. The clock runs from the date of the last item on the account.
Why is Alabama credit-card debt only 3 years when written contracts are 6?
Because Alabama classifies card accounts as open accounts (§6-2-37, three years) rather than written contracts (§6-2-34, six years). SB288 in 2016 reinforced the three-year period for delinquent card accounts.
Can a partial payment restart a time-barred debt in Alabama?
Not once the period has already run out. Under §6-2-16, a partial payment restarts the clock only if it is made before the deadline passes. After the debt is time-barred, only an unconditional promise in writing, signed by you, can revive it.
When does the Alabama debt clock start?
For an open account or credit card, from the date of the last item on the account, usually your last charge or payment. For a written contract or note, from the breach, generally the first missed payment.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.