Statute of limitations on debt in Alabama

6 years to sue on a written contract and 3 years on an open account.

Short answer

In Alabama, a creditor or debt collector has 6 years to sue on a written contract and 3 years to sue on an open account or unwritten agreement. Be careful before you pay on an old debt in Alabama: A partial payment restarts the clock only if you make it before the time limit runs out. A signed, unconditional written promise to pay also restarts it.

Written contracts
6 years
Open accounts and unwritten agreements
3 years
Can a payment restart the clock?
Yes, it can

Alabama's time limits to sue on a debt

Law
Ala. Code § 6-2-34(4), (5) (6 years: written promises, loans, stated accounts); § 6-2-37 (3 years: open accounts); § 6-2-16
Official text
Read the law

With 6 years, Alabama shares the most common limit in our 48 state guides (22 states). Nearby, the written-contract limit is 5 years in Florida, 6 years in Georgia and 10 years in Louisiana.

Collection suits and your rights in Alabama

  • If the debt comes from a consumer credit deal, a creditor cannot garnish your wages before it wins a court judgment (Ala. Code § 5-19-15).

If a collector crosses the line: Alabama has no general state debt collection act. You can sue a debt collector under the federal FDCPA (15 U.S.C. § 1692k).

Payments, promises and the clock in Alabama

A partial payment restarts the clock only if you make it before the time limit runs out. A signed, unconditional written promise to pay also restarts it. Nothing else does, not even a spoken promise (Ala. Code § 6-2-16).

Must a collector say a debt is too old in Alabama?

No state rule found that makes collectors tell you a debt is too old to sue on. Federal rule: a debt collector may not sue you or threaten to sue you on a time-barred debt (12 CFR 1006.26(b)).

More Alabama rules on old debts

  • A payment made after the time limit has already run does not restart it. Only a signed, unconditional written promise does (Ala. Code § 6-2-16).

Is my debt too old? Check Alabama's time limit

Alabama: 6 years for a written contractEnter the date of your last payment to see when the time limit ends.

If you are sued on an old debt in Alabama

The time limit protects you only if you raise it, so answer on time. In Alabama: 14 days after you are served in District Court, which includes small claims (Ala. R. Civ. P. 12(dc)). 30 days in Circuit Court (Ala. R. Civ. P. 12(a)). Check your summons.

If you do not answer or do not show up, the judge can decide the case without you and enter a default judgment. You have 14 days after a small claims judgment to appeal to Circuit Court.

What to do if you are sued in Alabama

What to do about an old debt in Alabama

  1. Match the debt to the right limit

    Alabama gives 6 years for written contracts and 3 years for open accounts. Not sure which a credit card is? Try both in the checker.

  2. Don't pay or sign yet

    In Alabama: A partial payment restarts the clock only if you make it before the time limit runs out. A signed, unconditional written promise to pay also restarts it.

  3. Dispute the debt in writing

    Use a dispute letter within 30 days of the collector's validation notice.

  4. Report a suit on an old debt

    Report it to Alabama Attorney General, Consumer Interest Division and to the CFPB at consumerfinance.gov/complaint. Phone: 1-800-392-5658.

Old debts under federal law

Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)). A collection can stay on your credit report up to 7 years, counted from 180 days after the first missed payment (15 U.S.C. 1681c). Read the time-barred debt guide.

Where to get free help in Alabama

Questions about old debts in Alabama

What is the statute of limitations on debt in Alabama?

6 years for written contracts and 3 years for open accounts and unwritten agreements (Ala. Code § 6-2-34(4), (5) (6 years: written promises, loans, stated accounts); § 6-2-37 (3 years: open accounts); § 6-2-16).

Can a small payment revive an old debt in Alabama?

A partial payment restarts the clock only if you make it before the time limit runs out. A signed, unconditional written promise to pay also restarts it. Nothing else does, not even a spoken promise (Ala. Code § 6-2-16).

Does Alabama require a notice on time-barred debts?

No state rule found that makes collectors tell you a debt is too old to sue on. Federal rule: a debt collector may not sue you or threaten to sue you on a time-barred debt (12 CFR 1006.26(b)).

How long can a collector sue on an open account or credit card in Alabama?

For open accounts and unwritten agreements, Alabama's limit is 3 years (Ala. Code § 6-2-34(4), (5) (6 years: written promises, loans, stated accounts); § 6-2-37 (3 years: open accounts); § 6-2-16).

Related Alabama pages

Statute of limitations in nearby states

Sources

Last checked: Oct 24, 2026.

Federal sources