What is the statute of limitations for contract claims in Georgia?

1. Written Contracts

O.C.G.A. § 9-3-24 provides a 6-year SOL for actions upon simple written contracts. The 6-year window begins at breach.

2. Oral Contracts

O.C.G.A. § 9-3-25 imposes a 4-year SOL on oral contracts and open accounts.

3. Sealed Instruments / Promissory Notes

O.C.G.A. § 9-3-23 grants a 20-year SOL for instruments under seal. Promissory notes without seal use the 6-year period; notes under seal use 20 years.

4. Sale of Goods (UCC Article 2)

O.C.G.A. § 11-2-725 (UCC § 2-725) imposes a 4-year SOL on breach-of-sales claims from tender of delivery. Parties may shorten to 1 year by original agreement.

5. Open Account / Account Stated

Open accounts use the 4-year SOL under § 9-3-25. The clock runs from the last item charged.

6. Accrual Rule

The cause accrues at breach. Each missed installment under an installment contract starts its own SOL.

7. Discovery Rule for Fraudulent Concealment

Georgia applies a discovery rule for inherently unknowable injuries. O.C.G.A. § 9-3-96 tolls SOL where the defendant fraudulently concealed the breach.

8. Tolling

O.C.G.A. § 9-3-90 tolls for minority and mental incapacity. SCRA tolls for active military service. Defendant absence from Georgia may toll under § 9-3-94.

9. Contractual Modification of SOL

Georgia generally permits reasonable shortening of SOL by contract. Extensions are scrutinized.

10. Borrowing Statute

O.C.G.A. § 9-3-43 borrows the shorter SOL when the cause of action accrued in another state.

This is legal information, not legal advice.