Start My Answer

Statute of Limitations on Debt in Georgia

Hannah Locklear | December 08, 2022

The statute of limitations is a strong defense in debt collection cases.

Summary: The Georgia statute of limitations on debt is six years for written contracts or credit cards and four years for oral and open accounts. If you’ve been sued for an old debt, use SoloSuit to respond to the lawsuit and assert the expired statute of limitations as one of your defenses.

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.

Example: Rachel is being sued by Calvary SPV for an old credit card debt in Georgia. After doing some investigating, Rachel learns that the statute of limitations on credit card debt is six years in Georgia. Since she hasn’t been active on the credit card account for more than six years, Calvary SPV cannot sue her. Rachel uses SoloSuit to draft and file her Answer to the lawsuit within the 30-day deadline. In her Answer, Rachel uses the statute of limitations as one of her affirmative defenses. After only a few weeks, the case is dismissed.

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.

Respond with SoloSuit

Get Started

>>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.

Guides on how to beat every debt collector

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

We have answers

Join our community of over 40,000 people.

You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.

Get Started

Win against credit card companies

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

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court

Not sued yet?

Use our Debt Validation Letter.

Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.

Let's Do It

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.

"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather

Get Started