Statute of limitations on debt in Georgia
In Georgia, a creditor or debt collector has 6 years to sue on a written contract, 4 years on an oral agreement, and 4 years on an open account such as a credit card (O.C.G.A. § 9-3-24 (6 years, simple written contracts); O.C.G.A. § 9-3-25 (4 years, open accounts and contracts not in writing); O.C.G.A. § 9-3-26 (4 years, other implied/oral undertakings)). For medical bills, the operative number is 4 years — Georgia courts generally treat medical bills as open accounts subject to the 4-year period of O.C.G.A. § 9-3-25, because the charges are running account balances not fixed by a signed writing stating the amount owed. If the patient signed a written financial-responsibility contract, a collector may argue the 6-year written-contract period of § 9-3-24 applies — 4 years is the shortest defensible period and the safer consumer assumption, but a suit filed in years 5-6 on signed paperwork is possible. (By contrast, Georgia treats credit cards issued under written cardmember agreements as written contracts with 6 years, per Hill v. American Express, 289 Ga. App. 576 (2008).)
| Written contracts | 6 years |
| Oral agreements | 4 years |
| Open accounts (credit cards) | 4 years |
| Medical debt | 4 years |
How the limitation works
- It limits lawsuits, not the debt. A time-barred debt still exists; what expires is the collector’s ability to win in court.
- It is a defense you must raise. Courts don’t apply it for you. If you are sued and don’t respond, the collector wins by default — even on a time-barred debt.
- The clock usually runs from last activity — typically your last payment — not from when the debt was sold. A debt buyer inherits the original clock.
- Threatening to sue on time-barred debt is illegal. Federal Regulation F (12 C.F.R. §1006.26) bars collectors from suing or threatening suit on time-barred debt, whether or not they knew it was time-barred.
The restart trap
Yes, if documented in writing — under O.C.G.A. § 9-3-112 a payment entered on a written evidence of debt or any other written acknowledgment of the liability counts as a new promise to pay and restarts the period, and a new promise to revive a barred debt must be in writing (O.C.G.A. § 9-3-110).This is the single most expensive mistake people make with old debt: a small “good-faith” payment on a nearly-expired account can hand the collector a fresh lawsuit window. Confirm the dates before paying anything on an old account.
What to do with an old collection notice
- Find the date of last activity — your own bank records beat the collector’s letter.
- Count forward using the table above. Older than the period? The debt may be time-barred in Georgia.
- Send a written validation request — it forces the collector to document the debt and pauses collection until it does (15 U.S.C. §1692g). Generate it free →
- Do not acknowledge the debt in writing or pay anything until you know where the clock stands.
- If you’re sued, respond by the deadline and raise the statute of limitations. Your state’s legal aid can help free: Georgia Attorney General's Consumer Protection Division.
Common questions
What is the statute of limitations on debt in Georgia?
Georgia allows 6 years to sue on written contracts, 4 years on oral agreements, and 4 years on open accounts such as credit cards (O.C.G.A. § 9-3-24 (6 years, simple written contracts); O.C.G.A. § 9-3-25 (4 years, open accounts and contracts not in writing); O.C.G.A. § 9-3-26 (4 years, other implied/oral undertakings)). Medical debt is generally treated as an open account or per its own rule here — 4 years.
When does the clock start?
Generally from the date of default or last activity on the account — commonly the last payment or charge — not from when the debt was sold to a collector. Selling a debt does not reset the statute of limitations.
Does paying something on an old debt restart the statute of limitations in Georgia?
Yes, if documented in writing — under O.C.G.A. § 9-3-112 a payment entered on a written evidence of debt or any other written acknowledgment of the liability counts as a new promise to pay and restarts the period, and a new promise to revive a barred debt must be in writing (O.C.G.A. § 9-3-110).
Can a collector still contact me about a time-barred debt?
Yes — the statute of limitations limits lawsuits, not requests to pay. However, under federal Regulation F (12 C.F.R. §1006.26), a collector may not sue or threaten to sue on a time-barred debt — the ban applies whether or not the collector knew the debt was too old.
What should I do if I get sued on an old debt?
Respond by the court deadline — never ignore a summons, because a default judgment revives everything. If the debt is older than the limitations period, raise the statute of limitations as an affirmative defense in your answer. Many defendants win on this alone.
How is a judgment different?
Once a creditor wins a judgment, a separate and much longer enforcement period applies, and judgments can often be renewed. That is why responding before judgment matters more than anything else on this page.
Keep reading
- Medical debt laws in Georgia
- Free debt validation letter generator — no account needed
- Look up a debt collector — CFPB complaint records for the biggest agencies
- Charity care: hospital financial assistance, applied
- Medical debt laws in Kentucky
- Medical debt laws in Mississippi
- Medical debt laws in New Mexico
- Medical debt laws in Pennsylvania
- Medical debt laws in Vermont
- Medical debt laws in Alaska
Legal information, not legal advice. Statutes change and courts interpret them — for advice on your situation, talk to a lawyer or your state’s legal aid office. Last reviewed AUG 2026.