In Georgia, a creditor or debt collector generally has six years to sue you on a written contract — and that includes credit card debt. This is the single most misunderstood point in Georgia debt law. Card debt is not a four-year "open account." The Georgia Court of Appeals held in Hill v. American Express, 289 Ga. App. 576, 657 S.E.2d 547 (2008), that a suit to collect unpaid credit card charges is an action on a simple contract in writing under O.C.G.A. § 9-3-24 — six years — and not an action on open account under § 9-3-25, because "the form of the debtor's acceptance was immaterial" (you accept by using the card; no signature is required). The Georgia Attorney General's Consumer Protection Division says it plainly: "In Georgia, the statute of limitations on credit card debt is generally six years."
So do not assume an old card debt is dead at four years. And do not assume it is dead at six, either — several rules below can stretch or restart the clock. Once the applicable period really has run, the debt is "time-barred" and Georgia law gives you a complete defense — but only if you show up and raise it.
How long Georgia gives creditors to sue
The right deadline depends on the legal nature of the debt, not on what a collector calls it. Here is how Georgia treats the most common consumer debts:
Written contracts, including credit cards – 6 years (O.C.G.A. § 9-3-24): "All actions upon simple contracts in writing shall be brought within six years after the same become due and payable." Signed loan agreements, installment contracts, and cardholder agreements accepted by use of the card all sit here.
Open accounts and oral contracts – 4 years (O.C.G.A. § 9-3-25): Four years applies to a true open account, an unwritten (verbal) agreement, or an implied promise. In practice this reaches card debt only in the narrow case where the creditor has no written cardholder agreement at all and pleads a genuine open account.
Promissory notes and other negotiable instruments – usually 6 years, but under a different statute: § 9-3-24 says it "shall not apply… to negotiable instruments under Article 3 of Title 11." A note that is a negotiable instrument is governed instead by O.C.G.A. § 11-3-118: six years after the due date stated in the note (or after an accelerated due date), and for a demand note, six years after demand — or, if no demand is ever made, the note is barred once no principal or interest has been paid for ten straight years.
Debts for the sale of goods – 4 years (O.C.G.A. § 11-2-725): § 9-3-24 also carves out contracts for the sale of goods, which fall under UCC Article 2: four years from the breach.
Instruments under seal – 20 years (O.C.G.A. § 9-3-23): "Actions upon bonds or other instruments under seal shall be brought within 20 years after the right of action has accrued. No instrument shall be considered under seal unless so recited in the body of the instrument." Some Georgia notes and loan agreements are drafted under seal. If your document recites a seal in its body, read the six-year rule as twenty. Dig out the paperwork and look.
When the clock starts — and when it stops running
The limitations period starts when the creditor's cause of action "accrues" — in plain terms, when you first breached the agreement and the creditor could have sued. For most consumer debts that is the date you defaulted, which usually tracks the date of your last payment. That is why the "date of last payment" matters so much on a credit report or in a collector's file.
But the clock is not a simple countdown. Georgia has tolling statutes that can suspend it, sometimes for years:
You left the state (O.C.G.A. § 9-3-94): "if a defendant removes from this state, the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor." If you moved away from Georgia for three years after defaulting, those three years may not count against the creditor.
The other side's fraud (O.C.G.A. § 9-3-96): where fraud kept a plaintiff from bringing an action, the period runs only from discovery of the fraud.
Minority or legal incompetency (O.C.G.A. §§ 9-3-90, 9-3-91).
Also keep the limitations clock separate from the credit-reporting clock. Under the federal Fair Credit Reporting Act, most negative debts can be reported for about seven years. A debt can be too old to sue on but still sitting on your report — and it can drop off your report while still being perfectly suable.
The critical trap: how the clock can restart
Georgia's restart rules are stricter — and more protective — than most states', because a new promise generally has to be in writing. Under O.C.G.A. § 9-3-110 (not § 9-3-111, which is a different statute, about promises made after a bankruptcy discharge): "A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party's own handwriting or subscribed by him or someone authorized by him." O.C.G.A. § 9-3-112 adds that "a payment entered upon a written evidence of debt by the debtor or upon any other written acknowledgment of the existing liability shall be equivalent to a new promise to pay."
The Georgia Attorney General's office warns that the clock can restart by "making a payment, making a promise of payment, entering a payment agreement, or making a charge using the account" — and that when it restarts, it restarts at zero. A debt that was nearly expired can become collectable for another full period. So:
Do not make any payment — not even a small "good faith" one — on an old debt before you know its exact age.
Do not sign a payment plan, and do not put in writing that you owe the money or that you will pay it.
Be careful on recorded calls. Do not agree to pay and do not confirm the debt is yours until you have checked the dates.
Get the date of last payment and the date of default in writing before you negotiate anything.
An expired statute of limitations is a defense you must raise
This is the other thing that costs Georgians money. The statute of limitations is an affirmative defense. Under O.C.G.A. § 9-11-8(c), it must be set forth affirmatively in your answer to the lawsuit. If a collector sues on a time-barred debt and you ignore the suit, the court can still enter a default judgment against you — and the collector can then garnish wages or levy a bank account — even though the debt was too old to sue on. The expired deadline does not stop the case by itself.
The Georgia Attorney General's consumer page makes the same point about people who assume the clock has run: if you are sued and do not answer, "the debt collector will be able to get a judgment by default against you, and possibly take money from your paycheck, bank account, or tax refund." So if you are served, file a written answer by the deadline stated in the summons (in Georgia this is commonly 30 days), and raise the statute of limitations specifically if the debt is old. Bring your proof of when you last paid.
How federal law backs you up
Federal law adds a layer on top of Georgia's. Under the CFPB's Regulation F, 12 C.F.R. § 1006.26(b), "a debt collector must not bring or threaten to bring a legal action against a consumer to collect a time-barred debt." Notice what that rule does not say: there is no "knew or should have known" element. It is a flat prohibition, so a collector that sues on a genuinely time-barred debt violates it regardless of what the collector says it believed — which can give you a Fair Debt Collection Practices Act claim or counterclaim. The FDCPA also lets you demand validation of the debt and dispute it in writing. These federal protections work alongside Georgia's limitations statutes, not instead of them.
Where to verify and get help
Georgia statutes: the State's own Official Code of Georgia Annotated, Title 9 — §§ 9-3-23, 9-3-24, 9-3-25, 9-3-94, 9-3-96, 9-3-110, 9-3-112, and 9-11-8(c). The official annotation under both § 9-3-24 and § 9-3-25 carries the Hill v. American Express headnote: "Action to collect unpaid credit card debt not an action on open account."
Legal aid: Georgia Legal Services Program and Atlanta Legal Aid Society help qualifying residents who are being sued on a debt.
This article is general information, not legal advice. Whether your debt is under seal, whether you lived outside Georgia after you defaulted, and exactly when your clock started can each decide your case — talk to a licensed Georgia attorney or a nonprofit legal aid office about your situation before you respond to a lawsuit or make any payment on an old debt.
Official Georgia Sources
This page is based on Georgia law. Limits and deadlines change — verify the current details directly with the official Georgia sources below. This is general legal information, not legal advice.
Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Georgia’s own rules.
Frequently asked questions
How long can a debt collector sue me on a credit card debt in Georgia?
Six years. Georgia treats a credit card account as a simple contract in writing under O.C.G.A. § 9-3-24, so the six-year period applies — not the four-year open-account period of § 9-3-25. The Georgia Court of Appeals so held in Hill v. American Express, 289 Ga. App. 576, 657 S.E.2d 547 (2008), reasoning that because the cardholder agreement is a written contract, “the form of the debtor's acceptance was immaterial” — you accept by using the card, and no signature is needed. The Georgia Attorney General's Consumer Protection Division states the same rule. Anyone who tells you Georgia card debt dies at four years is giving you a dangerous answer.
Does anything in Georgia still carry a four-year limit?
Yes. Four years under O.C.G.A. § 9-3-25 applies to a true open account, an oral (unwritten) agreement, or an implied promise — for example, a running store account or an informal verbal loan with nothing in writing. Debts for the sale of goods run four years under O.C.G.A. § 11-2-725. But a card account backed by a written cardholder agreement is six years.
When does the statute of limitations clock start in Georgia, and can it be paused?
It starts when the creditor could first sue you — typically the date you defaulted, which usually means the date of your last payment. And yes, it can be paused. Under O.C.G.A. § 9-3-94, if you move out of Georgia, “the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor,” so years you spent living elsewhere may not count. Fraud (§ 9-3-96) and minority or legal incompetency (§§ 9-3-90, 9-3-91) can also toll the clock. Never assume the countdown ran uninterrupted.
Can making a payment restart the clock on an old debt in Georgia?
Yes. Under O.C.G.A. § 9-3-110, a new promise to pay must generally be in writing and in your handwriting or subscribed by you, and under O.C.G.A. § 9-3-112 a payment entered on the written evidence of the debt — or any other written acknowledgment of the existing liability — is “equivalent to a new promise to pay.” The Georgia Attorney General's office warns that a payment, a promise of payment, a payment agreement, or a new charge on the account can restart the clock, and that it restarts at zero. (Note: § 9-3-111 is a different statute, covering promises made after a bankruptcy discharge.)
What happens if I ignore a lawsuit on a time-barred debt in Georgia?
The court can enter a default judgment against you even though the debt was too old to sue on, and the collector can then go after your paycheck, bank account, or tax refund. The statute of limitations is an affirmative defense under O.C.G.A. § 9-11-8(c) that you must raise in a timely written answer — commonly within 30 days of service. It does not stop the lawsuit automatically.
Is it illegal for a collector to sue me on an expired debt?
Yes. Regulation F, 12 C.F.R. § 1006.26(b), says flatly that “a debt collector must not bring or threaten to bring a legal action against a consumer to collect a time-barred debt.” There is no knowledge requirement in that rule — a collector does not escape it by claiming it did not realize the debt had expired — and a violation can support an FDCPA claim or counterclaim. You still have to appear and raise the statute of limitations to win the collection case itself.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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