Georgia Statutes of Limitation

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Georgia Statutes of Limitation

Post by David A. Szwak »

Georgia Statutes of Limitation

Breach of any contract for sale: 4 years, (OCGA 11-2- 725) NOTE: Parties may reduce limitation to not less than one year, but not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.

Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year.

Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24)

Open account; implied promise or undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not stopped the statute. Therefore, the statutory period runs from the date of default, not the date of last payment.

Bonds or other instruments under seal, 20 years, (OCGA 9-3-23) NOTE: No instrument is considered under seal unless it’s stated in the body of the instrument.
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
Guest-1658

Georgia Statutes of Limitation

Post by Guest-1658 »

What has the Georgia Supreme Court held that credit cards fall under as to the Statute of Limitations? Is it 4 years as they are open accounts, or is it 6 years as a written contract?
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Post by David A. Szwak »

1. Hunstein v. Fiksman,
279 Ga. 559, 615 S.E.2d 526, 05 FCDR 2007, Ga., June 30, 2005 (NO. S05X0884, S05A0883)

...S.E.2d 365 (1941) , this Court held that a client's debt for attorney's fees is in the form of an open account and [is] subject to the statute of limitations of four years, and [if] it remain[s] in the form of an open account for a period exceeding four years it [will] become barred by limitation, and if the debt is barred then the lien is likewise barred ([cit.]) Thus, foreclosure of a lien for attorney's...


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2. Epps v. Hin,
255 Ga.App. 370, 565 S.E.2d 577, 02 FCDR 1524, Ga.App., May 15, 2002 (NO. A02A0056, A02A0057, A02A0058)

...claim for medical expenses, Epps contends that such claim is not time-barred. Citing OCGA § 9-3-25 , the limitation period for actions brought on open accounts, Epps argues that since a medical provider has four years to bring an action to recover medical fees, “it would only be fair to permit the individual who must pay...


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3. Jones v. Wellon,
237 Ga.App. 62, 514 S.E.2d 880, 99 FCDR 1340, Ga.App., March 17, 1999 (NO. A98A1785)

...suit to recover the fees or attempted to foreclose on the real property. On April 1, 1996, more than four years after the fees were claimed due, Jones filed suit to clear the lien from the title of the property, contending that the four-year statute of limitation on open accounts applicable to the underlying claim had expired, and therefore, the lien was no longer viable. OCGA § 9-3-25...

...Code, § 9-613(4) While originally the debt of the plaintiffs in error was in the form of an open account and was subject to the statute of limitations of four years, and had it remained in the form of an open account for a period exceeding four years it would have become barred by limitation, and if the debt is barred then the lien likewise is barred Peavy v. Turner, [supra] ), yet, as set forth in the intervention, the statute of limitations was avoided by taking a note as evidence of the debt, and no claim is here made that the note is barred by the statute of limitations. Accordingly, the ruling in Peavy v. Turner, supra, has no application, and the intervention alleges a valid lien. Id. In...


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4. Mills v. Barton,
205 Ga.App. 413, 422 S.E.2d 269, Ga.App., September 08, 1992 (NO. A92A1356)

...and the duty to repay plaintiff. [1] 1. Defendant first argues plaintiff's complaint is barred by the applicable statute of limitation, OCGA § 9-3-25 , which provides: “All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged shall be brought within four years after the right of action accrues.â€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
Guest-1658

Georgia Statutes of Limitation

Post by Guest-1658 »

Thank you for your recent posting of Georgia cases on MyFairDebt.com. However, none of the cases address whether or not "credit cards," such as Visa or MasterCard are covered by the four year Statutes of Limitation which applies to "open accounts." As far as I have found, no Appellate case addresses whether or not a Visa or MasterCard is an "open account." I am being sued after the four years, but before the six year statute on contracts. I have been told that no attorney is willing to take the case on appeal for fear of an adverse ruling. Any suggestions?
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