In Georgia, a creditor or debt collector generally has six years to sue you on a written contract and four years to sue on an open account, which is the category most credit card debt falls into. These deadlines come from Georgia's own statutes: O.C.G.A. § 9-3-24 sets the six-year limit for simple written contracts, and O.C.G.A. § 9-3-25 sets the four-year limit for open accounts and unwritten (oral) contracts. A promissory note or other written promise to pay a definite sum is also governed by the six-year rule. Once the applicable period runs out, the debt becomes "time-barred," and Georgia law gives you a complete defense to a collection lawsuit—but only if you raise it.
How long Georgia gives creditors to sue
The right deadline depends on the legal nature of the debt, not just what a collector calls it. Here is how Georgia generally treats the most common consumer debts:
Written contracts – 6 years (O.C.G.A. § 9-3-24): A signed loan agreement, installment contract, or other debt evidenced by a written document falls here. The six years generally run from the date the money became due.
Open accounts – 4 years (O.C.G.A. § 9-3-25): An open account is a running balance where the amount owed changes over time. Most ordinary credit card accounts are treated as open accounts in Georgia, giving them a four-year window.
Oral (unwritten) contracts – 4 years (O.C.G.A. § 9-3-25): Debts based on a verbal agreement carry the same four-year limit as open accounts.
Promissory notes – 6 years: A written, signed promise to pay a fixed amount is treated as a written instrument and generally carries a six-year period.
Credit card debt deserves special attention. Collectors sometimes argue that a cardholder agreement is a "written contract" entitling them to six years instead of four. Georgia courts have most often applied the four-year open-account period to revolving credit card balances, but the outcome can turn on the specific paperwork and how the claim is pleaded. Because this point is genuinely contested, do not assume four years automatically wins—if you are being sued on a credit card account, have a Georgia attorney or legal aid lawyer review which limit applies to your facts.
When the clock starts
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 of your last payment or the date you first missed a required payment and defaulted. From that point, the four- or six-year clock begins to run.
This is why the "date of last payment" is so important on a credit report or in a collector's records. A debt that has been delinquent for more than four years (open account) or six years (written contract) is likely time-barred. Note that the statute of limitations is a separate clock from the seven-year credit-reporting period under the federal Fair Credit Reporting Act (FCRA): a debt can legally remain on your credit report for up to seven years even after it is too old to sue on, and a debt can become uncollectable in court while still appearing on your report.
The critical trap: how the clock can restart
Georgia has an unusually specific—and in some ways consumer-protective—set of rules about restarting a stale debt. Under O.C.G.A. § 9-3-111, a new promise that renews a barred debt, or that creates a fresh starting point for one not yet barred, generally must be in writing and signed by the person to be charged. O.C.G.A. § 9-3-112 adds that a payment entered on the written evidence of the debt, or another written acknowledgment of the existing liability, is treated as the equivalent of a new promise to pay.
The practical danger is real: if you sign a payment plan, send a letter or email admitting you owe the debt, or make a partial payment that is recorded as an acknowledgment, you can reset the limitations clock to zero—and a debt that was almost expired can become collectable again for another full period. Even where Georgia's writing requirement protects you, collectors actively try to coax consumers into restarting the clock. To stay safe:
Do not make any payment—even a small "good faith" one—on an old debt before confirming whether it is time-barred.
Do not sign anything or put in writing that you owe the money or promise to pay.
Be cautious on recorded calls; avoid admitting the debt is yours or agreeing to pay.
Get the debt's exact date of last payment in writing before you negotiate.
An expired statute of limitations is a defense you must raise
This is the single most important thing to understand: in Georgia, the statute of limitations is an affirmative defense. Under O.C.G.A. § 9-11-8(c), an affirmative defense must be raised in your answer to the lawsuit. If a collector sues you on a time-barred debt and you ignore the suit or fail to plead the defense, the court can still enter a default judgment against you—even though the debt was too old to sue on. The expired deadline does not stop the lawsuit automatically; you have to show up and assert it.
That means if you are served with a debt-collection complaint, you should not ignore it. File a written answer by the deadline stated in the summons (in Georgia this is commonly 30 days), and specifically raise the statute of limitations if the debt is old. Keep proof of when you last paid or defaulted, because the date of accrual is what determines whether the deadline has passed.
How federal law backs you up
Federal law adds protection on top of Georgia's. The federal Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial Protection Bureau's Regulation F prohibit a debt collector from suing or threatening to sue on a debt the collector knows or should know is time-barred. If a collector files suit on an expired debt, that may itself violate the FDCPA, giving you a possible counterclaim. The FDCPA also lets you demand validation of the debt and dispute it in writing. These federal protections apply nationwide and work alongside, not instead of, Georgia's limitations statutes.
Where to verify and get help
Statutes and court interpretations change, and the correct limitations period can depend on the precise facts of your debt. Confirm the current law before you rely on it:
Georgia statutes: Read the Official Code of Georgia Annotated (O.C.G.A.) Title 9, Chapter 3, especially §§ 9-3-24, 9-3-25, 9-3-111, and 9-3-112.
Georgia Attorney General – Consumer Protection Division: The Georgia Department of Law's Consumer Protection Division (under the Office of the Attorney General) handles consumer complaints about debt collectors and unfair practices, and publishes consumer guidance. File complaints and find resources through that office.
Legal aid: Georgia Legal Services Program and Atlanta Legal Aid Society help qualifying residents facing debt lawsuits.
This article is general information, not legal advice. Because the credit card four-versus-six-year question and the date your clock started can decide your case, talk to a licensed Georgia attorney or a nonprofit legal aid office about your specific 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 in Georgia?
Generally six years for debts based on a written contract (O.C.G.A. § 9-3-24) and four years for open accounts and oral contracts (O.C.G.A. § 9-3-25). Most credit card debt is treated as an open account with a four-year limit, though collectors sometimes argue for six years based on the cardholder agreement.
When does the statute of limitations clock start in Georgia?
It starts when the creditor could first sue you—typically the date of your last payment or the date you first defaulted by missing a required payment. From that date, the four- or six-year period runs.
Can making a payment restart the clock on an old debt in Georgia?
Yes, it can. Under O.C.G.A. §§ 9-3-111 and 9-3-112, a written acknowledgment of the debt or a payment recorded as an acknowledgment can act as a new promise to pay and restart the limitations period. Avoid making payments or signing anything on an old debt until you confirm whether it is time-barred.
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. 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—it does not stop the lawsuit automatically.
Is it illegal for a collector to sue me on an expired debt?
Federal law—the FDCPA and the CFPB's Regulation F—prohibits debt collectors from suing or threatening to sue on a debt they know or should know is time-barred. Such a suit may give you a counterclaim, but you still must appear and raise the statute of limitations to win the case.
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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