Statute of limitations for breach of contract in Alabama

Rule or statute summary

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In Alabama, the statute of limitations for a breach of contract claim generally depends on (1) whether the contract is written or unwritten and (2) when the claim “accrued”—i.e., when the legal right to sue arose. The “clock start” is often tied to the date of breach (for example, when payment was due and not made), but accrual can be fact-dependent.

For many standard breach-of-contract lawsuits, Alabama’s default rule is:

• Written contracts: typically 6 years
• Oral (unwritten) agreements: typically 10 years

These are the limitations periods most commonly used for claims that are truly breach of contract (as opposed to claims that plead a different legal theory, like fraud or a statute-based cause of action).

Practical note: Even when the limitations period length is clear (6 vs. 10 years), accrual details can change the deadline. For example, issues may arise about when the breach occurred, whether performance was installment-based, whether a contract was repudiated, or whether other events triggered the right to sue. DocketMath can help you model the timeline, but it can’t replace legal analysis of accrual.

Citations

Alabama limitations provisions commonly cited for breach-of-contract claims include:

• Six years for actions upon contracts in writing

  • **Ala. Code § 6-2-34(9)

• Ten years for actions upon contracts not in writing

  • **Ala. Code § 6-2-33(1)

How to think about “mapping” contract type to the statute (high level):

If your complaint includes more than “breach of contract”—for instance fraud, statutory duties, or another alternative theory—each theory can carry its own limitations period and accrual rules. That’s one reason it’s important to confirm the contract type and the theory actually being pleaded.

Use the calculator

Use DocketMath’s statute-of-limitations calculator here:

/tools/statute-of-limitations

To model a practical Alabama filing deadline, you’ll typically enter inputs like:

Run the Statute Of Limitations calculation in DocketMath, then save the output so it can be audited later: Open the calculator.

1) Choose the contract type

• Written contract (6 years) → applies **Ala. Code § 6-2-34(9)
• Oral/unwritten contract (10 years) → applies **Ala. Code § 6-2-33(1)

How outputs change: selecting “written” usually produces an earlier deadline than “unwritten,” because 6 years < 10 years.

2) Enter the breach date (clock-start assumption)

A common input is the breach date—the date the contract performance became due and was not provided, or the date payment was due and missed.

How outputs change: shifting the breach date (even by a few months) can move the limitations deadline correspondingly, which matters a lot when the claim is near the end of the limitations window.

3) Enter a filing date (optional but useful)

If you have a target filing date (or a date you’re evaluating), you can compare:

• Limitations deadline vs.
• Proposed filing date

How outputs change: the calculator can show whether the filing is inside or outside the calculated limitations period based on your selected inputs.

4) Review the accrual assumptions behind the “breach date”

Many people start with the assumption “limitations runs from breach.” Alabama accrual can be more nuanced depending on how the facts fit together.

Warning: if your situation involves delayed discovery, installment performance, repudiation, or questions about when the duty to perform was actually triggered, the “breach date” you enter may be contested. In those cases, treat the calculator as a timeline model based on your chosen assumptions, not a definitive legal conclusion.

Quick example scenarios (numbers you can reuse)

• Scenario A: Written contract

  • Breach date: January 15, 2020
  • Period: 6 years
  • Modeled deadline: January 15, 2026

• Scenario B: Oral/unwritten contract

  • Same breach date: January 15, 2020
  • Period: 10 years
  • Modeled deadline: January 15, 2030

That difference can be decisive: in this example, the “unwritten” deadline is 4 additional years beyond the “written” deadline.

Quick checklist before relying on the output

Not legal advice: This is general information to help you think about timelines. For case-specific guidance on accrual and applicable limitations, consult a qualified attorney.

Sources and references

Start with the primary authority for Alabama and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• Ala. Code § 6-2-38

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator