How Long to Sue
Ala. Code § 6-2-38 — two years for a personal injury, three for an open account, six for a written contract
| Claim | Must be brought within |
|---|---|
| ClaimAn injury to the person or rights of another not from a contract | Must be brought withinTwo years |
| ClaimLibel or slander | Must be brought withinTwo years |
| ClaimWrongful death | Must be brought withinTwo years from the death |
| ClaimUnpaid wages, overtime and the penalties for them | Must be brought withinTwo years |
| ClaimAn open or unliquidated account | Must be brought withinThree years from the last item or the due date |
| ClaimA written promise, a loan or stated account, or a simple contract | Must be brought withinSix years |
| ClaimAssault and battery, false imprisonment, or trespass to real or personal property | Must be brought withinSix years |
| ClaimKeeping or converting somebody's personal property | Must be brought withinSix years |
Who handles this in Alabama: legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.
A simple contract is one not under seal, so the six years reach a promise made in words as well as one in writing. An injury to the person or rights of another not arising from a contract has the two years of section 6-2-38, and which period a claim falls in, and when it began to run, are questions for an Alabama lawyer.
Sources for this section (3)
- Ala. Code § 6-2-38 — Commencement of Actions - Two Years
- Ala. Code § 6-2-37 — Commencement of Actions - Three Years
- Ala. Code § 6-2-34 — Commencement of Actions - Six Years
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.