What the statute of limitations on debt is in Georgia
That familiar feeling of dread washes over you as soon as you see the letter in your mailbox.
You don't even need to open it to know it's from a debt collector, likely about an old credit card or medical bill you haven't paid.
Your first instinct may be to ignore it, hoping it goes away. But before you do, it's essential to understand your rights under Georgia's statute of limitations on debt.
Debt collectors can pursue unpaid debts for years through constant calls and letters demanding payment.
The catch: they can't do this forever.
Georgia law limits how long creditors and collectors can sue consumers over unpaid debts. And these time limits, also known as statutes of limitations, may prove crucial in defending yourself.
What is the statute of limitations?
The statute of limitations sets legal time limits on how long creditors and collectors can sue to recover different types of debts in Georgia. These time periods range from 4-6 years, depending on the type of debt.
Once the statute of limitations expires, creditors and collectors lose the ability to sue you for payment in court.
At that point, the debt is considered "time-barred."
But the clock doesn't start ticking when you first take on a debt, such as when you open a credit card. Instead, it begins when you default—meaning you first miss a payment.
This is important to understand so you know exactly when these time limits apply to your situation.
Time limits for different debts in Georgia
Georgia law divides consumer debts into categories, each with its own statute of limitations:
Written contracts - 6 years
This covers money owed under a written agreement, like a car loan or mortgage. The clock starts when you first default.
Oral contracts - 4 years
Debts with only a spoken agreement fall under this category, such as a personal loan from an individual. The clock starts when you default.
Promissory notes - 6 years
Any loan involving a written promissory note has a 6-year time limit after initial default.
These statutes are outlined in The Official Code of Georgia, Annotated Sections 9-3-24 through 9-3-26. Checking this information directly from Georgia statutes can help verify your rights.
When the clock resets
An important caveat about the statute of limitations is that certain consumer actions can "reset the clock," starting the timeline over again.
Here are two ways this can happen:
Making a payment - If you make a payment on a debt that is approaching the statute of limitations, it counts as re-affirming the debt. This resets the clock to day one.
Making a written promise to pay - Any written communication acknowledging the debt and promising payment also resets the statute of limitations. This includes signing a repayment plan agreement.
Because of this, it's essential to avoid making payments or putting anything in writing once a debt is nearing the statute of limitations. Doing so wipes away protection under the time limit.
What you can do with old debts
Understanding your protection allows you to make the most of Georgia's statute of limitations:
- Avoid lawsuits on old debts - Once past the time limit, collectors lose their power to sue. The statute of limitations provides a strong defense if you are taken to court over an expired debt.
- Halt collection calls and letters - You can send cease and desist letters insisting further collection attempts stop for time-barred debts—and collectors must comply. Look up sample cease and desist templates to get started.
- Request debt validation - If contacted, you can demand collectors verify in writing that the debt is still within the statute. If they can't, it's a sign the debt is too old to collect.
- Negotiate lower payoffs - You can leverage the statute of limitations to negotiate much lower lump-sum settlements on old debts, often at a fraction of the balance. Make sure any agreements are not in writing, as this resets the timeline.
- Focus on debts within the time limit - If you can't pay all your debts, focus on addressing accounts not yet past the statute of limitations to avoid them leading to lawsuits.
Don't waste the opportunity
Georgia's statute of limitations on debt provides essential protections for consumers facing collections on overdue accounts. But it's crucial to use the law proactively—don't wait around until you're sued.
Check how long it has been since you defaulted on old debts. And if some are close to surpassing the statute of limitations, take action to halt collection attempts and negotiate with creditors from a position of power.
Understanding your rights ultimately allows you to move forward financially instead of constantly looking over your shoulder.