Johns v. First Alabama Bank

L. CHARLES WRIGHT, Retired Appellate Judge.

Rickey Johns entered into a note and security agreement with First Alabama Bank in March 1982. Johns defaulted on the note in October 1982. In February 1991 First Alabama filed an action in the Small Claims Court of Calhoun County to collect the unpaid balance on the note. Johns answered the complaint with a general denial and pleaded the affirmative defense of statute of limitations.

The small claims court entered a judgment in favor of Johns, holding that the six-year statute of limitations, applicable to contract actions, barred the action. First…