O.C.G.A. §§ 9-3-24 and 9-3-25 govern the statute of limitations of Georgia contracts. This can be confusing, so top Atlanta bankruptcy lawyers are here to go into detail regarding this part of filing for bankruptcy.

Time Limits on Contracts for Bankruptcy

The statute of limitation on written contracts is 6 years from when it becomes due and payable. Plus, the six-year period runs from the date of the last payment. O.C.G.A. § 9-3-25. Contracts for credit cards are considered written contracts in Georgia. See Hill v. Am. Express, 289 Ga. App. 576 (2008).

The statute of limitations on open accounts (implied promises or undertakings) is 4 years. O.C.G.A. § 9-3-25.

The statute of limitations for auto contracts 4 is years because they fall under the Georgia UCC.

In summary:

Contract Type Tolling Period
Written Contract 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment.
Open Account 4 years. Tolling is revived by payment along with acknowledgment of debt.
NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not affect tolling the statute. Therefore, on open accounts, the statutory period runs from the date of default, not the date of last payment, unless the Debtor includes a letter with the last payment acknowledging they want to pay the debt.
Auto Contracts 4 years. Tolling is revived by payment.
UCC Contracts 4 years. Tolling is revived by payment.

Atlanta Bankruptcy Lawyers Can Help You

If you have questions related to the statute of limitations for suits on Georgia contracts, contracts in relation to bankruptcy, or if a creditor is threatening or has filed a lawsuit against you, give us a call at 404.585.0040. You can also find us on Google+. We are Atlanta bankruptcy lawyers with expertise in fighting against creditors who are trying to collect money from you.

★★★★★

Charles is absolutely a brilliant attorney! He is a critical thinker and determined problem solver. He is very accessible, even via text. If he is in court, his ability to multi-task, you can feel safe and secure in knowing he is handling any issues or concerns. I entrust him with my future, he is a uniquely talented attorney who always challenges himself to achieve the absolute best outcome for his clients.

Donna

★★★★★

I was very satisfied with Mr. Clapp services. He is a man of his word and did everything he told me he would. I would highly recommend him.

Shernita

★★★★★

I came to Mr. Clapp by referral with a complicated case involving both personal and business debts that were out of control. Mr. Clapp evaluated the situation and gave me options that I was not even aware of. He knows his stuff, executed flawlessly, and I have been able to start over. I highly recommend Charles Clapp if you have debt or bankruptcy issues. Listen to his advice, he knows his stuff. I consulted with several other bankruptcy attorneys prior to retaining Mr. Clapp, and they did not have the same breadth of knowledge that Mr. Clapp brought to my case.

Scott

★★★★★

I selected Charles Clapp to handle my bankruptcy based on his already positive reviews and I am glad that I did! He was very accommodating to my schedule and made my negative life experience positive. I was actually very surprised how easy he made the process. Life happens and it’s great to be represented by someone that understand that!!! Stop your attorney search with Charles Clapp!!!

Heather