> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Equitable Tolling Statute Of Limitations in Alabama

Alabama Code § 6-2-38 governs the equitable tolling of the statute of limitations, establishing a two-year period for the underlying claim. This statute does not itself enumerate the circumstances under which tolling applies; rather, Alabama courts have interpreted the provision to permit tolling when extraordinary circumstances beyond the plaintiff’s control prevent timely filing. The official source at alison.legislature.state.al.us provides the exact statutory language, which sets out the framework courts use to determine whether tolling is warranted. The worked example below demonstrates how the two-year period interacts with equitable tolling in a typical scenario. To estimate how this rule may apply to a specific set of facts, the calculator can generate a tailored result based on the user’s input.

## Governing authority

In Alabama, the statute of limitations rule is set by **Ala. Code § 6-2-38**. The verified packet cites Ala. Code § 6-2-38 (https://alison.legislature.state.al.us/graphql).

## Deadline example

For a Alabama equitable tolling limitations check, use the verified limitations period from the current rule packet: **2 years**. The authority packet cites Ala. Code § 6-2-38 (https://alison.legislature.state.al.us/graphql).

Example inputs:
- Accrual date: 2024-04-25
- Filing date checked: 2026-04-25

Calculation:
- Start with the accrual date.
- Add 2 years.
- The example deadline is **2026-04-25**.

This example is generated from the verified facts packet rather than freeform prose. Confirm tolling, discovery rules, and claim-specific exceptions before relying on the date.

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the equitable tolling statute of limitations calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


Alabama Code § 6-2-38 governs the equitable tolling of the statute of limitations, establishing a two-year period for the underlying claim. This statute does 

Equitable Tolling Statute Of Limitations in Alabama

§ Section 6-2-34 Commencement of Actions - Six Years. The following must be commenced within six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions for the detention or conversion of personal property; (4) Actions founded on promises in writing not under seal; (5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;

Section 6-2-34 Commencement of Actions - Six Years. The following must be commenced within six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions for the detention or conversion of personal property; (4) Actions founded on promises in writing not under seal; (5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise; (6) Actions for the use and occupation of land;

§ Section 6-2-34 Commencement of Actions - Six Years. The following must be commenced within six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions for the detention or conversion of personal property; (4) Actions founded on promises in writing not under seal; (5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise; (6) Actions for the use and occupation of land; (7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety; (8) Motions and other actions against attorneys-at-law for failure to pay over money of their clients or for neglect or omission of duty; and (9) Actions upon any simple contract or speciality not specifically enumerated in this section.

The following must be commenced within six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions for the detention or conversion of personal property; (4) Actions founded on promises in writing not under seal; (5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise; (6) Actions for the use and occupation of land; (7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety; (8) Motions and other actions against attorneys-at-law for failure to pay over money of their clients or for neglect or omission of duty; and (9) Actions upon any simple contract or speciality not specifically enumerated in this section.

Within 20 years, actions upon a judgment or decree of any court of this state, of the United States, or of any state or territory of the United States must be commenced.

Except as otherwise provided by law, the prosecution of all felonies, except those specified in Section 15-3-3, Section 15-3-5, or any other felony that has a specified limitations period, shall be commenced within five years after the commission of the offense.

(l) All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.

Unless otherwise provided, the prosecution of all misdemeanors before a circuit or district court must be commenced within 12 months after the commission of the offense.

In actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have two years within which to prosecute his action.

§ Section 8-19-14 Statute of Limitations. No action may be brought under this chapter more than one year after the person bringing the action discovers or reasonably should have discovered the act or practice which is the subject of the action, but in no event may any action be brought under this chapter more than four years from the date of the transaction giving rise to the cause of action unless the contract or warranty is for more than three years.

All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.

(b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

(a) All legal service liability actions against a legal service provider must be commenced within two years after the act or omission or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided, further, that in no event may the action be commenced more than four years after such act or omission or failure.

The following must be commenced within six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions for the detention or conversion of personal property;

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered; however, a cause of action for damages for injury to the person in the case of consumer goods shall accrue when the injury occurs.

Actions based on fraud must be brought within two years after discovery.

For minors and those adjudicated as incompetent, the statute of limitations does not run until they reach the age of majority or are competent.

(a) An action by a representative to recover damages for wrongful act, omission, or negligence causing the death of the decedent under Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. ... (k) All actions of libel or slander must be brought within two years. (l) All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years. (m) All actions for the recovery of wages, overtime, damages, fees, or penalties ... must be brought within two years. (n) All actions ... wherein a principal or master is sought to be held liable for the act or conduct of his agent, servant, or employee under the doctrine of respondeat superior must be brought within two years. (o) All actions commenced under Section 6-5-411 to recover damages for injury or damage to property of a decedent must be brought within two years.

Under Alabama's general criminal SOL, felony prosecutions must be commenced within five years after the commission of the offense, unless (a) the offense is listed in §15-3-3 or §15-3-5, or (b) the offense has its own specified limitations period elsewhere in Alabama law. For a Class B felony that is not specifically excepted, the 5-year period of §15-3-1 controls.

Under Alabama law, the residual statute of limitations for general personal-injury and negligence actions is two years from accrual: § 6-2-38(l) requires that all actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in § 6-2-38 must be brought within two years. Some torts (e.g., trespass to real property, fraud, and certain other claims at § 6-2-34) carry a longer six-year period, but the default tort/PI/negligence period in Alabama 

Under Alabama law, the statute of limitations for an action on an ordinary (unsealed) written contract is six years from accrual: § 6-2-34(4) imposes a six-year period on actions founded on promises in writing not under seal, and § 6-2-34(9) provides a residual six-year period for actions upon any simple contract or speciality not specifically enumerated in the section. Written contracts under seal (sealed specialties) fall outside § 6-2-34 and are governed by a separate, longer period under § 6

The baseline Alabama statute of limitations for civil personal-injury tort claims is two years under Ala. Code § 6-2-38(l). Alabama's equitable tolling doctrine operates through the statutory savings clause at § 6-2-3: where a defendant fraudulently conceals the existence of a cause of action, the limitations period does not begin to run until the plaintiff discovers — or with reasonable due diligence should have discovered — the concealed claim, at which point the plaintiff has two additional y

All legal service liability (legal malpractice) actions in Alabama must be commenced within 2 years after the act or omission giving rise to the claim. If the cause of action was not and could not reasonably have been discovered within 2 years, the action may be commenced within 6 months of discovery. In no event may the action be commenced more than 4 years after the act or omission (repose cap).

In Alabama, enforcement of a child support arrears judgment must be commenced within 20 years of entry of the judgment or order, under Ala. Code § 6-2-32's limitation for actions upon judgments or decrees of any court. Modification of a child support order is not subject to a fixed limitations period — it requires a showing of a material change in circumstances (Ala. Code § 30-3-5 and governing case law); there is no time bar on seeking modification so long as a material change is demonstrated.

Under Ala. Code § 15-3-2, the prosecution of all misdemeanors before a circuit or district court must be commenced within 12 months after the commission of the offense, unless otherwise provided by law. Alabama does not sub-classify misdemeanors into Class A/B/C in its criminal SOL chapter; § 15-3-2 is the single governing provision for all misdemeanor prosecutions (including what is elsewhere termed a petty or Class C misdemeanor) in circuit and district courts.

Statute of limitations for personal injury in US-AL is 2 years under Ala. Code § 6-2-38(l).

Statute of limitations for breach written contract in US-AL is 6 years under Ala. Code § 6-2-34(4) and § 6-2-34(9).

Statute of limitations for class b 2nd degree felony in US-AL is 5 years under Ala. Code § 15-3-1.

Statute of limitations for equitable tolling in US-AL is 2 years under Ala. Code § 6-2-38.

Alabama requires all legal service liability (legal malpractice) actions to be commenced within 2 years after the act or omission giving rise to the claim. A discovery extension allows filing within 6 months of discovery if the cause of action was not and could not reasonably have been discovered within 2 years. An absolute 4-year repose cap applies regardless of discovery.

Under the continuing violation doctrine in Alabama, the limitations clock measures from the last act in the ongoing series of violations. Alabama Code § 6-2-38(l) provides a 2-year SOL for all actions for injury to the person or rights of another not arising from contract. For employment discrimination claims using the continuing violation theory, federal Title VII's 180/300-day administrative filing rule applies. This receipt receipts the underlying 2-year Alabama tort SOL as the baseline perio

Alabama Code § 7-2-725, which enacts UCC Article 2, sets a 4-year statute of limitations for breach of a contract for the sale of goods. A cause of action accrues when the breach occurs, regardless of the aggrieved party's knowledge. Parties may reduce the period to not less than one year by agreement, but may not extend it beyond four years.

Under Ala. Code § 6-2-34, actions founded on promises in writing not under seal, and actions for the recovery of money upon a loan, must be commenced within six years; a promissory note is a written promise to pay a loan, so an action on promissory-note debt is governed by this six-year period.

Under Ala. Code § 6-2-34(1), civil actions for any trespass to person or liberty — including assault and battery, which encompasses civil sexual assault/rape claims — must be commenced within six years.

In Alabama, an invasion-of-privacy claim is an injury to the rights of another not arising from contract and must be brought within two years under Ala. Code § 6-2-38(l).

Under Ala. Code § 6-2-34(2), actions for any trespass to real or personal property must be commenced within six years.

Under Ala. Code § 6-2-34(9), actions upon any simple contract or speciality not specifically enumerated in the section — including oral contracts — must be commenced within six years.

Credit-card and open-account debt rests on a contractual obligation governed by Ala. Code § 6-2-34, which sets a 6 years limitations period for contract actions.

Tortious interference with business relations is an injury to property/economic rights governed by the general tort limitations statute Ala. Code § 6-2-38, which requires suit within 2 years.

A Federal Tort Claims Act claim is forever barred unless presented in writing to the appropriate federal agency within two years after the claim accrues under 28 U.S.C. § 2401(b). This federal limitations period applies uniformly, including to FTCA claims arising in Alabama.

Ala. Code § 6-2-8(a) suspends the running of all civil limitation periods for persons who are below age 19 or insane at the time the right accrues; upon termination of the disability, they have three years (or the otherwise-applicable period if shorter) to file. The 20-year outer cap prevents indefinite tolling.

Ala. Code § 6-2-10 excludes periods of defendant's absence from the state from the limitations clock. Under Morton v. Jones (Ala. 1986), tolling under § 6-2-10 applies when the absence makes service of process impracticable — short or sporadic absences that do not impede service do not toll the period.

Ala. Code § 6-2-3 (savings clause) tolls the limitations period for fraudulent concealment: the clock does not start until the plaintiff discovers the fraud. Under DGB, LLC v. Hinds (Ala. 2010) and Limon v. Sandlin (Ala. 2015), § 6-2-3 extends to fraudulent concealment of the existence of any cause of action, not limited to fraud claims.

Alabama's discovery rule is codified at § 6-2-3: for fraud and fraudulently-concealed claims, the limitations period does not accrue until the plaintiff discovers (or with reasonable diligence should discover) the fact constituting the fraud, after which two years remain to prosecute.

When any person is absent from the state during the period within which an action might have been commenced against him, the time of such absence must not be computed as a portion of the time necessary to create a bar under this chapter.

If anyone entitled to commence any of the actions enumerated in this chapter, to make an entry on land or enter a defense founded on the title to real property is, at the time the right accrues, below the age of 19 years, or insane, he or she shall have three years, or the period allowed by law for the commencement of an action if it be less than three years, after the termination of the disability to commence an action, make entry, or defend.

Equitable Tolling Statute Of Limitations in Alabama

Current verified answer

Authority and key facts

Equitable Tolling Statute Of Limitations in Alabama

Governing authority

Deadline example