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Posted: Wed Oct 18, 2006 4:53 pm Subject: Statute of Limitations for Alabama

Can anyone tell me where to find information on Statute of Limitation laws for Alabama?

Posted: Wed Oct 18, 2006 4:56 pm Subject:

Contracts under seal: 10 years, (A.C. 6-2-33)

Contracts not under seal; actions on account stated and for detention of personal property or conversion: 6 years (A.C. 6-2-34)

Sale of goods under the UCC: 4 years (A.C. 7 -2- 725)

Open accounts: 3 years (A.C. 6-2-37)

Actions to recover charges by a common carrier and negligence actions; 2 years, (A.C. 6-2-38 )

Actions based on fraud: 2 years (A.C. 6-2-3)

Posted: Wed Oct 18, 2006 7:06 pm Subject:

I have an old electric bill $393 from 2003. What category would that fall into?

Posted: Wed Oct 18, 2006 7:09 pm Subject:

I read the above, would it be a common carrier, because it is a utility?

Posted: Wed Oct 18, 2006 7:15 pm Subject:

This utility bill was supposed to be paid by my ex when we got divorced but I never got anything in writing and the bill is in just my name. It is still showing on my credit report. I've called them and explained the situation but they don't care and told me that it is my debt no matter what the situation because it is in my name which is true but I hate to have to pay it because I got absolutely nothing when we got divorced. But he will never pay it.

Posted: Wed Oct 18, 2006 7:22 pm Subject:

I know that feeling. When I had my house built I had to pay my ex-husbands debts that were on my credit report but his bills. If I didn't then I couldn't close on my house. It sucks, I could've fought it, I had the divorce decree spelling out who pays what debts but I just wanted to close on my house and move on.

Posted: Wed Oct 18, 2006 7:59 pm Subject:

Exactly! I just wanted everything over with so I could get on with my life. I wasn't really thinking about having everything in writing. Any suggestions on how to handle this? Can I send them a letter requesting that they prove that the debt is within the statute of limitation?? I don't exactly understand how that works.

Posted: Thu Oct 19, 2006 4:20 pm Subject:

The electric bill is from the year 1993. When did you make the last payment? The SOL calculation will begin from that day for 3 years. Perhaps, the SOL may be close to the expiry date by now or have already expired. No legal actions can be done against you after the SOL expires. You have to check out the date of last payment before you put your voice in front of the company regarding the statutes. That date should be in the company records.

Posted: Thu Oct 19, 2006 5:28 pm Subject:

The electric bill is from 2003. I'll have to check my paper work for the exact date. I just want it taken off of my credit report. The electric company is not sending me bills or anything but they continue to report the debt every month to the credit bureaus.

Posted: Thu Oct 19, 2006 5:42 pm Subject:

I am sorry, it was a typo. Wrote 1993 instead of 2003. I will keep persisting the electric company to give an itemized statement if they reserve the rights to report actively in your credit report.

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