Code of Alabama
Ala. Code § 6-2-16 (2026)
Sufficiency of Partial Payment or Written Promise to Remove Bar.
✓ official Alabama Legislature (ALISON) text, current July 2026
No act, promise, or acknowledgment is sufficient to remove the bar to an action created by the provisions of this chapter, nor is such evidence of a new and continuing contract, except a partial payment, made upon the contract by the party sought to be charged before the bar is complete or an unconditional promise in writing signed by the party to be charged thereby.
(Code 1852, §2490; Code 1867, §2194; Code 1876, §3240; Code 1886, §2628; Code 1896, §2811; Code 1907, §4850; Code 1923, §8964; Code 1940, T. 7, §40.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2010–2023 · leading case: In re Templeton, 538 B.R. 578 (Bankr. N.D. Ala. 2015).
In re Templeton, 538 B.R. 578 (Bankr. N.D. Ala. 2015). “The creditors also argue that the bar removal provision of Alabama Code 1975 § 6-2-16 6 resets the statute of limitation for those claims on which the trustee made payments.”
McKerall v. Kaiser, 60 So. 3d 288 (Ala. 2010). “Code 1975, which provides a six-year statute of limitations for “[ajctions founded on promises in writing not under seal,” and that, under § 6-2-16, Ala.Code 1975, the partial payments of the note extended the accrual of the cause of action until the date of the last payment,…”
Feggins v. LVNV Funding LLC (In re Feggins), 540 B.R. 895 (Bankr. M.D. Ala. 2015). “CODE § 6-2-16; see also Chapman v. Barnes, 93 Ala.”
Ali Kamran Qureshi (Bankr. S.D. Ala. 2023). “Ala. Code §6-2-16 (1975). Thus, the type of debt dictates how long the creditor has to collect it.”
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