Written Contract · Statute of Limitations
Deadline to Sue Over a Contract in Alabama
How long you have to sue over a broken written contract in Alabama, the statute of limitations, plus when the clock starts, the shorter deadline for oral contracts, and the four-year UCC rule for a sale of goods. Cited to the statute.
How the deadline works in Alabama
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for oral contracts and a sale of goods.
| How the clock works | In Alabama | What it means |
|---|---|---|
| Standard deadline | 6 years | The general limitations period to file a written-contract claim. |
| Statute | Ala. Code §6-2-34 | The controlling statute for the limitations period. Read the full text through the source link below. |
When it starts
The six years generally starts when the breach occurs, not when you learn of it. Alabama measures ordinary contract claims from the breach, so a breach found late usually does not reset the clock. Each separate breach of an installment obligation can start its own six-year period.
Discovery rule No general rule
Narrow. Alabama does not apply a general discovery rule to ordinary breach-of-contract claims, so the period runs from the breach itself. Fraudulent concealment can toll the clock in limited circumstances, but treat accrual at breach as the rule.
Statute of repose: None
No general statute of repose for ordinary written contracts. The six-year period runs from the breach. Specialized claims such as construction and improvements to real property carry their own outer limits, but those are not the general §6-2-34 clock.
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Open account or account stated | 3 years | An action on an open or unwritten account runs on a shorter three-year clock under Ala. Code §6-2-37, half the written period. Whether your dealings count as a running account rather than a fixed written contract can decide the deadline, so this is the main trap in Alabama. |
| Sale of goods (UCC) | 4 years | A contract for the sale of goods is governed by Ala. Code §7-2-725: four years from when the breach occurs, with warranty claims accruing at delivery regardless of your knowledge. Parties may agree to shorten it to no less than one year but may not extend it. |
What you can do right now
Concrete, neutral steps if a contract was broken in Alabama and the clock is running. This is legal information, not legal advice.
- Fix the breach date and confirm the contract is written
Write down when the other side broke the agreement and confirm you have a signed writing. A written or simple contract in Alabama carries six years under §6-2-34, but an open account is only three, so the form of the deal matters.
- For installment deals, count from each missed payment
If the contract calls for ongoing performance, each separate breach can start its own six-year clock. That can keep newer claims alive while barring older ones, so map the dates before you assume everything is timely.
- If goods were sold, check the UCC clock
A sale of goods runs on Ala. Code §7-2-725, a separate four-year rule that accrues at delivery for warranty claims. Confirm whether your deal is a sale of goods rather than a services or general contract.
- Talk to an Alabama attorney before the deadline
Whether your agreement is a written contract, an open account, or a sale of goods, and when it was breached, all turn on your facts. A licensed Alabama attorney can confirm your exact deadline. The state bar can refer you to one.
This is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Alabama contract claimants get wrong
The costly mistake in Alabama is assuming every unpaid obligation carries the same deadline. A written or simple contract gives you six years under Ala. Code §6-2-34, and Alabama does not cut oral simple contracts down the way many states do. The real gap sits elsewhere: an open or running account is only three years under §6-2-37, half the written period. So whether your dealings count as a fixed contract or a running account can decide whether your claim is alive or dead. The clock usually starts at the breach, not when you find out, because Alabama does not apply a broad discovery rule to ordinary contracts. Two more points catch people out. Installment contracts can start a fresh six-year clock at each missed payment, so old and new breaches are treated differently. And a sale of goods runs on the §7-2-725 four-year rule, not §6-2-34. If a deadline is close, pin down the breach dates and the form of the deal.
Common questions
What is the statute of limitations on a written contract in Alabama?
Six years from the breach, under Ala. Code §6-2-34, which covers simple contracts and written instruments not under seal. The clock generally runs from when the contract was broken, not from when you discovered it.
How long do I have to sue on an open account in Alabama?
Three years, under Ala. Code §6-2-37, which is half the written-contract period. Because the gap is large, whether your dealings count as a written contract or a running account can decide whether your claim is still timely.
Does the six years start at the breach or when I found out?
Generally at the breach. Alabama does not apply a broad discovery rule to ordinary contract claims, so the six years usually runs from when the contract was broken. Fraudulent concealment can toll the clock only in narrow cases.
Is a contract to buy goods still six years in Alabama?
No, it is four years under a different statute. A sale of goods is governed by Ala. Code §7-2-725, a four-year period that accrues at delivery for warranty claims regardless of your knowledge. Parties can shorten it to no less than one year but cannot extend it.
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.