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State credit and debt laws

Alabama credit and debt laws

Reviewed · 8 sources

Short answer

In Alabama, the statute of limitations on credit card and other open-account debt is 3 years. That clock limits lawsuits, not credit reporting: under federal law, most negative items leave your credit report after 7 years no matter which state you live in.

Alabama statute of limitations on debt

Type of debtTime limitLaw
Written contracts6 yearsAla. Code 6-2-34(4)
Oral contracts6 yearsAla. Code 6-2-34(9)
Promissory notes6 yearsAla. Code 7-3-118(a)
Open or unliquidated accounts3 yearsAla. Code 6-2-37(1)
  • Written contracts. The statute covers promises in writing not under seal. A contract under seal has its own longer period.
  • Oral contracts. Falls under the catch-all for any simple contract not named elsewhere in the section.
  • Promissory notes. Six years after the due date in the note, or after the accelerated due date if the lender called the whole balance due.
  • Open or unliquidated accounts. Counted from the date of the last item on the account, or from when the account is due by contract or usage. A loan or a stated or liquidated account gets six years under Ala. Code 6-2-34(5).

Time limits to sue vs. time on your credit report

The Alabama deadlines above control how long a creditor or collector can win a lawsuit. They don't change how long an account stays on your credit report. The federal Fair Credit Reporting Act limits most negative items to 7 years in every state, counted from the date of first delinquency, and a payment doesn't restart that reporting clock. See how long negative items stay for both clocks side by side.

Can a payment restart the clock?

Only two things remove the bar under Ala. Code 6-2-16: a partial payment made on the contract before the limitations period is complete, or an unconditional promise in writing signed by you. A spoken promise or other acknowledgment is not enough.

Does Alabama limit lawsuits on old debt?

Alabama law adds no rule of its own on suing over old debt. The federal Regulation F ban on suing or threatening to sue over time-barred debt applies.

Medical debt on credit reports in Alabama

Alabama has no law of its own limiting medical debt on credit reports, so the national rules decide what shows. The three bureaus leave off paid medical collections and any under $500, and an unpaid one can't appear until it is a year old.

Compare every state in medical debt laws by state.

Marriage and debt

Alabama is not a community property state. Each spouse keeps a separate credit report, and a debt generally belongs to the people who signed for it.

Can employers check your credit?

Alabama has no statewide law limiting employer credit checks. Federal FCRA consent and adverse action rules apply.

Do debt collectors need a Alabama license?

Alabama does not run a separate collection agency licensing program. Ala. Code 40-12-80 instead imposes a business license tax on each person who employs agents to solicit claims for collection: $100 in towns and cities of 20,000 or more people and $25 in smaller ones. Anyone outside the FDCPA definition of debt collector is exempt.

In Alabama, complaints about debt collectors and credit reporting can go to Alabama Attorney General, Consumer Interest Division, as well as to the Consumer Financial Protection Bureau.

More to know in Alabama

Alabama splits debts by how the amount was fixed. An open account, where charges come and go, has to be sued on within 3 years of the last item. A loan or a stated account, where the balance was agreed, gets 6 years, the same as a written promise. That gap can matter on an old store or service account, so check how the creditor describes the debt in its letters and in any lawsuit it files. The revival rule is also narrower than in many states. A payment keeps the clock going only if it is made before the deadline passes, and after that the only way to restart it is a signed, unconditional written promise to pay. Under that rule, saying on the phone that you owe the debt does not revive an expired Alabama claim. Alabama has no state medical debt credit reporting law and no state collector licensing board, so complaints about collectors usually go to the Attorney General's Consumer Interest Division or to the CFPB.

Guides that go deeper

Sources

  1. Code of Alabama 6-2-34: Commencement of actions, six years, Justia US Law
  2. Code of Alabama 6-2-37: Commencement of actions, three years, Justia US Law
  3. Code of Alabama 6-2-16: Sufficiency of partial payment or written promise to remove bar, Justia US Law
  4. Code of Alabama 7-3-118: Statute of limitations, Justia US Law
  5. Code of Alabama 40-12-80: Collection agencies, Justia US Law
  6. The latest on keeping medical debt out of credit reports, National Consumer Law Center
  7. Publication 555: Community Property, Internal Revenue Service
  8. Consumer Complaint, Alabama Attorney General

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