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Ramsey, Baxley & McDougle
Statutes of Limitations (continued)
Judgments
Action or judgment or decree of any Alabama state court or any other state or US court (§6-2-32) - 20 years
Judgment for plaintiff, arrested or reversed on appeal (§6-2-38[p])1 - 1 year from reversal or arrest
Lien of judgment (§6-9-211) - 10 years
Legal Malpractice
For failure to pay client’s money or for neglect or omission of duty (§6-2-34[8])1 - 6 years
For legal service liability (§6-5-574[a])1 - 2 years / within 6 months from date of discovery / 4 years
Re: minors under four years (§6-5-574[b])1 - until minor reaches 8 years old
Action to disbar attorney (§6-2-37[2])1 - 3 years
Liens
General provisions (§35-11-6) - 6 months
Mechanic and Materialmen (§35-11-221) - 6 months
Sawmill, Lumber or Timber Laborers (§35-11-272) - 60 days
Improvements on public streets (§35-11-412) - 6 months
Malfeasance, Misfeasance
Action brought by state against sheriffs, coroners, constables, and other public officers (§6-2-33) - 10 years
Actions against sureties of these public officers, as well as against sureties of executors, administrators or guardians for the malfeasance of their principals (§6-2-34[7])1 - 6 years from the act done or omitted by their principals
Medical Malpractice (§6-5-482)
For liability, error, mistake or failure to cure - 2 years / within 6 months from date of discovery / 4 years
Re: minors under four years - until minor reaches 8 years old
Military Affairs, compensation for death of national guardsmen (§31-3-5) - 1 year
Minors and the Insane (§6-2-8) - 3 years after the termination of the disability but no more than 20 years from the accrual of claim
Misappropriation (§8-27-5) - 2 years
Money, recovery of money upon a loan, account or arrears of rent due upon a parol demise (§6-2-34[5])1 - 6 years
Municipal Corporations (§11-47-23) 6 months / 2 years
Negotiable Instruments (§7-3-118)
Note payable at a definite time - 6 years
Note payable on demand - 6 years / 10 years if no principal or interest has been paid for continuous period of 10 years
Unaccepted draft - 3 years after dishonor of draft or 10 years after the date of draft
Certified teller’s, cashier’s & traveler’s checks - 3 years
Certificate of deposit - 6 years
Accepted draft - 6 years
Conversions of instrument or breach of warranty - 3 years
Personal Representative, claim against decedents (§6-2-9) - Suspended until personal representative disputes the claim in writing
Product Liability (§6-5-502) 1 year / 10 years*
*See Lankford v. Sullivan, Long & Hagerty, 416 So.2d 996 (AL 1982), which held 6-5-502(C) to be unconstitutional and in violation of Article I, sec 13, Constitution 1901
Property, proof of ownership (§35-13-7)
If appraised at less than $30 - 3 months
If appraised at between $30 and $100 - 6 months
If appraised at greater than $100 - 1 year
Damages for destruction, injury or removal of trees (§35-14-3) - 1 year
Public Officers and Employees (§36-25-27[g])
(Proposed legislation [2010 AL SB 4 (NS)]
Felony Prosecution - 4 years
Misdemeanor prosecution (§36-25-27[h]) - 2 years
Qui Tam Actions (§6-2-38[j])1 - 2 years
Recovery of Land (§6-2-31)2
(Proposed by legislation [2010 AL HB 531 (NS)])
By state - no limitation for recovery of any land mentioned in §6-6-281
By county or municipal corporation - no limitation
By person not a party to proceedings where land was sold under a judgment and who claims under the mortgagor or grantor in deed of trust (§6-2-35) - 5 years
Action for recovery or possession of lands, tenements or hereditaments (§6-2-33) - 10 years
For real estate sold for the payment of taxes (§40-10-82) (Proposed legislation [2009 AL HB 303 (NS)]) - 3 years; or 1 year after disability is removed if owner is minor or insane
For redemption of land sold for taxes (§40-10-120) (Proposed legislation [2009 AL HB 591 (NS)]) - 3 years; or 1 year after disability is removed if minor or insane are involved
Representative, action to recover damages for act causing death of decedent under §6-5-391 (Proposed legislation [2010 AL HB 316 (NS)] and §6-5-410 (§6-2-38[a])1 - 2 years
Revival of Judgments (§6-9-190) - 20 years from its entry
Pursuant to rules of civil procedure (§6-9-192) - 10 years from its entry
Securities, action against sellers and advisors of securities (§8-6-19) - 2 years
Tax Collection (§6-2-35) - 5 years
And pursuant to (§40-29-51) - 10 years after the final assessment of the tax
Tax Law, violations (§40-29-119) - 3 years / 6 years
Wages & Overtime (§6-2-38[m])1 - 2 years
Wills, contesting validity (§43-8-199) - 6 months
Workers’ Compensation
Employee injury or death resulting from willful misconduct of employer or carrier pursuant to §25-5-11(b) (§6-2-38[g])1 - 2 years
Compensation under contract of employment §25-5-80 - 2 years
Compensation for occupational diseases (§25-5-117) - 2 years
Compensation for occupational exposure to radiation (§25-5-197) - 1 year / 3 years
Wrongful Death
Action by personal representative to recover damages for act that caused death of decedent under §6-5-391 (Proposed legislation [2010 AL HB 316 (NS)] and §6-5-410 (§6-2-38[a])1 - 2 years
Action by personal representative to recover damage to the property of decedent resulting from the same act pursuant to §6-5-411 (§6-2-38[o])1 - 2 years
1 Preempted or held unconstitutional by Evans v. Walter Industries, Inc., 579 F. Supp. 2d 1349 (N.D. Ala. 9/23/08 as it relates to CERCLA [42 U.S.C. §9658(a)(1)]
Action or judgment or decree of any Alabama state court or any other state or US court (§6-2-32) - 20 years
Judgment for plaintiff, arrested or reversed on appeal (§6-2-38[p])1 - 1 year from reversal or arrest
Lien of judgment (§6-9-211) - 10 years
Legal Malpractice
For failure to pay client’s money or for neglect or omission of duty (§6-2-34[8])1 - 6 years
For legal service liability (§6-5-574[a])1 - 2 years / within 6 months from date of discovery / 4 years
Re: minors under four years (§6-5-574[b])1 - until minor reaches 8 years old
Action to disbar attorney (§6-2-37[2])1 - 3 years
Liens
General provisions (§35-11-6) - 6 months
Mechanic and Materialmen (§35-11-221) - 6 months
Sawmill, Lumber or Timber Laborers (§35-11-272) - 60 days
Improvements on public streets (§35-11-412) - 6 months
Malfeasance, Misfeasance
Action brought by state against sheriffs, coroners, constables, and other public officers (§6-2-33) - 10 years
Actions against sureties of these public officers, as well as against sureties of executors, administrators or guardians for the malfeasance of their principals (§6-2-34[7])1 - 6 years from the act done or omitted by their principals
Medical Malpractice (§6-5-482)
For liability, error, mistake or failure to cure - 2 years / within 6 months from date of discovery / 4 years
Re: minors under four years - until minor reaches 8 years old
Military Affairs, compensation for death of national guardsmen (§31-3-5) - 1 year
Minors and the Insane (§6-2-8) - 3 years after the termination of the disability but no more than 20 years from the accrual of claim
Misappropriation (§8-27-5) - 2 years
Money, recovery of money upon a loan, account or arrears of rent due upon a parol demise (§6-2-34[5])1 - 6 years
Municipal Corporations (§11-47-23) 6 months / 2 years
Negotiable Instruments (§7-3-118)
Note payable at a definite time - 6 years
Note payable on demand - 6 years / 10 years if no principal or interest has been paid for continuous period of 10 years
Unaccepted draft - 3 years after dishonor of draft or 10 years after the date of draft
Certified teller’s, cashier’s & traveler’s checks - 3 years
Certificate of deposit - 6 years
Accepted draft - 6 years
Conversions of instrument or breach of warranty - 3 years
Personal Representative, claim against decedents (§6-2-9) - Suspended until personal representative disputes the claim in writing
Product Liability (§6-5-502) 1 year / 10 years*
*See Lankford v. Sullivan, Long & Hagerty, 416 So.2d 996 (AL 1982), which held 6-5-502(C) to be unconstitutional and in violation of Article I, sec 13, Constitution 1901
Property, proof of ownership (§35-13-7)
If appraised at less than $30 - 3 months
If appraised at between $30 and $100 - 6 months
If appraised at greater than $100 - 1 year
Damages for destruction, injury or removal of trees (§35-14-3) - 1 year
Public Officers and Employees (§36-25-27[g])
(Proposed legislation [2010 AL SB 4 (NS)]
Felony Prosecution - 4 years
Misdemeanor prosecution (§36-25-27[h]) - 2 years
Qui Tam Actions (§6-2-38[j])1 - 2 years
Recovery of Land (§6-2-31)2
(Proposed by legislation [2010 AL HB 531 (NS)])
By state - no limitation for recovery of any land mentioned in §6-6-281
By county or municipal corporation - no limitation
By person not a party to proceedings where land was sold under a judgment and who claims under the mortgagor or grantor in deed of trust (§6-2-35) - 5 years
Action for recovery or possession of lands, tenements or hereditaments (§6-2-33) - 10 years
For real estate sold for the payment of taxes (§40-10-82) (Proposed legislation [2009 AL HB 303 (NS)]) - 3 years; or 1 year after disability is removed if owner is minor or insane
For redemption of land sold for taxes (§40-10-120) (Proposed legislation [2009 AL HB 591 (NS)]) - 3 years; or 1 year after disability is removed if minor or insane are involved
Representative, action to recover damages for act causing death of decedent under §6-5-391 (Proposed legislation [2010 AL HB 316 (NS)] and §6-5-410 (§6-2-38[a])1 - 2 years
Revival of Judgments (§6-9-190) - 20 years from its entry
Pursuant to rules of civil procedure (§6-9-192) - 10 years from its entry
Securities, action against sellers and advisors of securities (§8-6-19) - 2 years
Tax Collection (§6-2-35) - 5 years
And pursuant to (§40-29-51) - 10 years after the final assessment of the tax
Tax Law, violations (§40-29-119) - 3 years / 6 years
Wages & Overtime (§6-2-38[m])1 - 2 years
Wills, contesting validity (§43-8-199) - 6 months
Workers’ Compensation
Employee injury or death resulting from willful misconduct of employer or carrier pursuant to §25-5-11(b) (§6-2-38[g])1 - 2 years
Compensation under contract of employment §25-5-80 - 2 years
Compensation for occupational diseases (§25-5-117) - 2 years
Compensation for occupational exposure to radiation (§25-5-197) - 1 year / 3 years
Wrongful Death
Action by personal representative to recover damages for act that caused death of decedent under §6-5-391 (Proposed legislation [2010 AL HB 316 (NS)] and §6-5-410 (§6-2-38[a])1 - 2 years
Action by personal representative to recover damage to the property of decedent resulting from the same act pursuant to §6-5-411 (§6-2-38[o])1 - 2 years
1 Preempted or held unconstitutional by Evans v. Walter Industries, Inc., 579 F. Supp. 2d 1349 (N.D. Ala. 9/23/08 as it relates to CERCLA [42 U.S.C. §9658(a)(1)]
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Ramsey, Baxley & McDougle
Attorneys at Law
212 West Troy Street
Dothan, Alabama 36303
Phone: (334) 793-6550
General Fax: 334-793-1433
Real Estate Fax: 334-671-9896
Dothan, Alabama 36303
Phone: (334) 793-6550
General Fax: 334-793-1433
Real Estate Fax: 334-671-9896
(Back to Statutes of Limitations)