Alabama Small Claims Court Statute of Limitations: Time Limits by Claim Type

Alabama Small Claims: Two Threshold Questions

Before anything else about filing, you need to answer two questions:

1. Does your claim fit the $6,000 limit? Under Alabama Code § 12-12-31, the Small Claims Division handles money disputes up to $6,000 (excluding interest and court costs). Above that, you're looking at the regular District Court docket (up to $20,000) or Circuit Court.

2. Are you still within the statute of limitations? The applicable period depends on the claim. Filing after it expires can make the claim time-barred.

Time Limits by Claim Type

Alabama's statutes of limitations for the kinds of disputes that typically land in small claims court:

For the claim types above, accrual is tied to the breach or missed payment, the property damage or injury, or — for an open account — the last transaction or itemized charge.

What the Statutes Mean in Practice

Contractor disputes (6 years): Your contractor took a $4,000 deposit and never finished the job. The breach occurred on the date the work was supposed to be completed, or the date the contractor stopped showing up. From that date, you have 6 years to file.

Security deposit disputes: Under Alabama Code § 35-9A-201, the landlord must return the deposit with an itemized accounting within 60 days after lease termination and delivery of possession. That is the statutory return deadline; determine the separate filing deadline for your specific claim before waiting.

Unpaid invoices (3 years if an open account, 6 years if a contract): Open accounts and unstated invoices have a 3-year period under § 6-2-37(1). Simple written and oral contracts have a 6-year period under § 6-2-34. Whether a particular invoice arrangement falls into one category depends on the documents and facts.

Car accidents and property damage (6 years for property, 2 years for injury): If your neighbor's tree fell on your fence, that's property damage — 6 years. If you were injured in a car accident, that's personal injury — 2 years.

Common Mistakes with Time Limits

Sending a demand letter does not pause the clock. Alabama law is clear on this. Your demand letter, no matter how formal, does not toll or extend the statute of limitations. If you're approaching the deadline, file first and continue negotiating after.

You cannot split a single claim across multiple filings. If someone owes you $8,000 and you file two $4,000 claims to stay under the $6,000 cap, you risk dismissal and may permanently waive the unpled balance. You can, however, voluntarily waive recovery above $6,000 to bring a single claim within jurisdiction. That waiver is irreversible.

The $6,000 cap excludes interest and costs. Your principal claim must be $6,000 or less. Prejudgment interest (6% per year on liquidated debts under § 8-8-1) and court costs sit on top of that.

When Time Is Running Short

If your statute of limitations is about to expire, file your Statement of Claim (Form SM-1) immediately and worry about the demand letter afterward. A filed complaint stops the clock. A demand letter in the mail does not.

The Alabama Small Claims Filing Guide includes a deadline calendar that maps every critical date — from your statute of limitations through the 14-day answer window and the 14-day appeal deadline — so nothing falls through the cracks.

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