Hurt, wronged, or owed money
THINKING ABOUT SUING
What Alabama law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Sue for a personal injury
- From
- The injury to the person
All actions for injury to the person or rights of another not arising from contract must be brought within two years.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
6 years
Sue over trespass to property, or property kept or converted
- From
- The claim arising; when the time starts and what pauses it are not set out in this guide
Actions for any trespass to real or personal property, and for the detention or conversion of personal property, must be commenced within six years. An injury to the rights of another not arising from a contract has the two years of section 6-2-38.
A written contract
A signed agreement, a lease, a written estimate or invoice.
6 years
Sue on a written contract
- From
- The claim on the written promise arising
Actions founded on promises in writing, loans and stated accounts, and simple contracts must be commenced within six years.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
6 years
Sue on a simple contract, written or spoken
- From
- The claim arising; when the time starts and what pauses it are not set out in this guide
Actions upon any simple contract the section does not list elsewhere must be commenced within six years. A simple contract is one not under seal, written or spoken.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Alabama guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
6 months
A tort claim against a municipality
- From
- The claim accruing
Claims against a municipality for damages growing out of torts are presented within six months from their accrual, or they are barred.
SMALL CLAIMS COURT
The limit in Alabama
Up to $6,000
Ala. Code § 12-12-31 — district court's small claims docket for up to $6,000, with or without a lawyer
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Alabama attorney.