Code of Alabama
Ala. Code § 6-5-20 (2026)
Presentment of Claim to County Commission.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) An action must not be commenced against a county until the claim has been presented to the county commission, disallowed or reduced by the commission and the reduction refused by the claimant.
(b) The failure or refusal of such a county commission to enter upon its minutes the disallowance or reduction of the claim for 90 days is a disallowance.
(c) Proof of the fact of presentation of such claim to such county commission may be made by parol evidence.
(Code 1852, §2141; Code 1867, §2537; Code 1876, §2903; Code 1886, §2574; Code 1896, §13; Code 1907, §2472; Code 1923, §5680; Code 1940, T. 7, §96.)
Notes of Decisions
Cited in 24
cases, 1980–2013 · leading case: Elmore Cnty. Com'n v. Ragona, 540 So. 2d 720 (Ala. 1989).
Elmore Cnty. Com'n v. Ragona, 540 So. 2d 720 (Ala. 1989). “Section 11-12-5 sets out specific requirements of claims filed pursuant to § 6-5-20. The claim filed in the instant case was filed and signed by the attorney for the Ragonas.”
Jeter v. Montgomery Cnty., 480 F. Supp. 2d 1293 (M.D. Ala. 2007). “The county has two arguments for why this claim is due to be dismissed: first, because it is preempted by the FLSA; and, second, because Jeter failed to file a notice of claim as required by Alabama state law, 1975 Ala.”
Wheeler v. George, 39 So. 3d 1061 (Ala. 2009). “The only requirements that must be met regarding a suit against a county are set out in §§ 6-5-20(a), 11-12-5, 11-12-6, and 11-12-8, Code 1975 requiring presentment of an itemized, verified claim, to the county commission within twelve months of accrual, and acted on within…”
Greene v. Jefferson Cnty. Comm'n, 13 So. 3d 901 (Ala. 2008). “1901, prevents the trial court from hearing the Greene parties’ challenge to the resolution; (3) that Alabama law does not recognize an equal-protection challenge; and (4) that the Greene parties’ claims are due to be dismissed because the Greene parties did not present their…”
Davis v. Fayette Cnty. Comm'n, 831 So. 2d 50 (Ala. Civ. App. 2002). “She did not present a claim to the county, pursuant to § 6-5-20, Ala. Code 1975, within the time specified in § 11 — 12— 8, Ala.”
Health Care Auth. v. Madison Cnty., 601 So. 2d 459 (Ala. 1992). “Second, the Hospital argues that the trial court erred in determining that the hospital's failure to file certain itemized claims with Madison County pursuant to § 6-5-20 and § 11-12-5 barred recovery on a substantial portion of all of the accounts.”
Clinton Hobbs & Wanda Hobbs v. Mobile Cnty.., 72 So. 3d 12 (Ala. 2011). “, for failure to state a claim upon which relief could be granted and a brief in support of that motion, arguing that it was entitled to a dismissal of the Hobbses’ action against it based on the Hobbses’ failure to give notice of their claims before filing their complaint,…”
Irvin v. Shelley, 53 So. 3d 887 (Ala. 2009). “The trial court dismissed the Houston County Commission as a defendant on the ground that Irvin failed to first file a notice of claim with Houston County as required by §§ 6-5-20 and 11-12-8, Ala. Code 1975. The trial court denied Shelley’s motion, however, stating, in…”
Cook v. Cnty. of St. Clair, 384 So. 2d 1 (Ala. 1980). “The only requirements that must be met regarding a suit against a county are set out in §§ 6-5-20(a), 11-12-5, 11-12-6, and 11-12-8, Code 1975 requiring presentment of an itemized, verified claim, to the county commission within twelve months of accrual, and acted on within…”
Havis v. Marshall Cnty., 802 So. 2d 1101 (Ala. Civ. App. 2001). “The County then filed a motion for a summary judgment on April 28, 2000, averring that Havis had failed to file an itemized statement of his claim with the Marshall County Commission within one year of the accrual of his claims, as required under Ala. Code 1975, §§ 6-5-20,…”
Health Care Auth. for Baptist Health v. Davis, 158 So. 3d 397 (Ala. 2013). “1958) (now § 11-1-2, § 11-12-5, and § 6-5-20, Ala.Code 1975, respectively), which permitted the county “to sue or be sued” and provided for a claim procedure before bringing suit.”
First Union Natl. Bank v. Lee Cty. Comm., 1090804 (Ala. 6-30-2011), 75 So. 3d 105 (Ala. 2011). “Pursuant to ALABAMA CODE § 6-5-20 (1975), Walter Mortgage Company’s Verified Statement of Claim was disallowed by Lee County by operation of law.”
— Ala. Code § 6-5-20(a) — 6 cases
Wheeler v. George, 39 So. 3d 1061 (Ala. 2009). “The only requirements that must be met regarding a suit against a county are set out in §§ 6-5-20(a), 11-12-5, 11-12-6, and 11-12-8, Code 1975 requiring presentment of an itemized, verified claim, to the county commission within twelve months of accrual, and acted on within…”
Cook v. Cnty. of St. Clair, 384 So. 2d 1 (Ala. 1980). “The only requirements that must be met regarding a suit against a county are set out in §§ 6-5-20(a), 11-12-5, 11-12-6, and 11-12-8, Code 1975 requiring presentment of an itemized, verified claim, to the county commission within twelve months of accrual, and acted on within…”
Greene v. Jefferson Cnty. Comm'n, 13 So. 3d 901 (Ala. 2008). “1901, prevents the trial court from hearing the Greene parties’ challenge to the resolution; (3) that Alabama law does not recognize an equal-protection challenge; and (4) that the Greene parties’ claims are due to be dismissed because the Greene parties did not present their…”
Gold Kist, Inc. v. Hood, 773 So. 2d 1031 (Ala. Civ. App. 1999).
Clinton Hobbs & Wanda Hobbs v. Mobile Cnty.., 72 So. 3d 12 (Ala. 2011). “, for failure to state a claim upon which relief could be granted and a brief in support of that motion, arguing that it was entitled to a dismissal of the Hobbses’ action against it based on the Hobbses’ failure to give notice of their claims before filing their complaint,…”
— Ala. Code § 6-5-20(b) — 1 case
Lauderdale Cnty. v. Daniels, 431 So. 2d 1266 (Ala. 1983).
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