Statute of Limitations on Debt in Georgia

Hannah Locklear | December 08, 2022

When it comes to carrying debt in the state of Georgia, residents are known to be responsible for some of the most auto loan debt, student loan debt, and credit card debt in the United States. That being said, there are limits on debt in Georgia, and these limits pertain to the statute of limitations.

The statute of limitations is a law that governs the deadline that creditors and debt collectors have to sue someone for debt. In other words, it is the length of time a creditor or debt collector can take you to court for a debt you owe.

After the statute of limitations has lapsed, your creditor can no longer file any collection lawsuit against you. They can also no longer use any other judicial method to pursue and collect what you owe them.

Keep reading to learn more about the statute of limitations for debt collection in Georgia.

Use SoloSuit to respond to debt collectors in 15 minutes.

The statute of limitations on debt in Georgia

The statute of limitations on Georgia debt collection varies based on the type of debt. There are only two categories of debt in Alabama that are enforceable: debts based on contracts and accounts. The statute of limitations is thus different depending on the kind of contract or account that you owe.

If the statute of limitations has already expired, you need to avoid making any type of payment on the debt. If you do, it will restart the clock on the statute of limitations.

According to GA Code § 9-3-24:

“All actions upon simple contracts in writing shall be brought within six years after the same become due and payable.”

In other words, creditors and collectors must take you to court for any debt, based on a written contract, within six years of the last action on the account. This means that the statute of limitations on credit card debt in Georgia is six years.

Likewise, GA Code § 9-3-25 states:

“All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues.”

This means that creditors and collectors only have four years to sue you for a breach of contract debt and any debt based on an open account.

Finally, GA Code § 9-3-26 states:

“All other actions upon contracts express or implied not otherwise provided for shall be brought within four years from the accrual of the right of action.”

Simply put, this law means that all debts based on oral contracts have a statute of limitations of four years, so you can only be sued for this type of debt within four years of your last action on the account.

The table below further illustrates the statute of limitations on different types of debt in Georgia:

Statute of Limitations on Debt in Georgia

Debt Type	Deadline
Open accounts	4 years
Oral contracts	4 years
Written contracts	6 years
Credit card	6 years
Mortgage	6 years
Medical bills	6 years
Judgments	5 years
Source: Findlaw

Respond to a debt lawsuit in Georgia

When you get sued for a debt in Georgia, you have 30 days to respond before you automatically lose when a default judgment is ordered by the court. With a default judgment, creditors and collectors may have the right to garnish your wages and seize your property to get their money back.

It is not uncommon to be sued for a debt you do not actually owe. The amount might be wrong, or the debt could be so old that it has already passed the statute of limitations on debt in Georgia.

The point is, you don’t need a lawyer to represent you in a debt collection lawsuit. You can respond to the Summons and Complaint and increase your chances of winning by 7x with SoloSuit.

To respond to a debt lawsuit, you must file a written Answer into the case. When drafting your Answer, you should focus on the following steps:

1. Respond to each claim listed against you in the Complaint document.
2. Assert your affirmative defenses.
3. File the Answer with the court, and send a copy to the opposing attorney.

Draft and file your Answer in minutes online.

Now, let’s consider an example.

Check out this video to learn more about the three steps to responding to a debt lawsuit in Georgia:

How to handle debt in Georgia

If you are suffering from debt it can feel crippling. The worst thing to do is to ignore it, although this is a common choice for people in debt. If you ignore the debt it will become more expensive because of penalties and fees. You might even end up in court.

Debt consolidation loans are a common method of addressing credit card debt or medical debt. This is a type of unsecured loan which means there is no collateral. Although they usually come at a higher interest rate, it can help pay off all of your loans and put them into one easy payment. In some cases, your interest rate may be lower than your other payments, which can save you money in the long run.

If you are struggling with credit card debt, one good option is to apply for a credit card that offers a promotional 0% APR on balance transfers. This generally lasts from 12 to 24 months and will allow you some extra time to pay off your debt. The balance will be paid off and then placed on your new card. There is usually a 3 to 5% fee, but this is typically cheaper than paying interest.

Make the right defense the right way with SoloSuit.

Georgia debt relief programs

Having a lot of debt can be stressful, but there are many programs to help you with your debt. For example, sometimes speaking to a representative from an organization associated with the National Foundation for Credit Counseling (NFCC) can help you out. There are often free advice lines, and tips that can help to guide you to financial freedom.

In many cases, those who are struggling with debt have other financial problems as well. Various community action agencies across Georgia can help you for those who are considered low income. These projects can often help with utility bills or housing costs. Although it won't help you to eliminate debt directly, it can help to eliminate other monetary responsibilities.

Avoid bankruptcy by using SoloSuit to file a response to creditors.

Filing for bankruptcy in Georgia

Although it should be a last resort, if you are struggling with debts other than your single debt, you may consider filing for bankruptcy. In this case, it is best to hire an attorney if you can, because they can help to guide you through the process. There are two different types of bankruptcy options, filing a Chapter 7 bankruptcy or Chapter 13 bankruptcy.

• Chapter 7 bankruptcy: All of your assets are liquidated and your debts are wiped clean.
• Chapter 13 bankruptcy: Aid to restructure your debt, but keep your property.

There are a few things you should know about bankruptcy. It can stay on your credit report for up to 10 years. Despite this, it doesn't mean it will completely ruin your finances. If you are considering bankruptcy then you should look into a lawyer, or put in an inquiry to a legal aid program. These services offer low-income individuals free or reduced-cost services.

If you can pay your debts without going through the bankruptcy process then this is a better option. If you cannot pay off your debts, then this should be the final straw. Otherwise, consider bankruptcy as a last resort.

If you find yourself dealing with debt in Georgia, be sure to examine the statute of limitations to ensure your debt is not time-barred. If your debt has passed the time within the statute of limitations, then you can present this information to a judge and have your case dismissed.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

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Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
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• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
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• Medicredit
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• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
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• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
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• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
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• Chase
• Credit One Bank
• PayPal Synchrony Card
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