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State credit and debt laws

Georgia credit and debt laws

Reviewed · 7 sources

Short answer

In Georgia, the statute of limitations on credit card and other open-account debt is 4 years. That clock limits lawsuits, not credit reporting: under federal law, most negative items leave your credit report after 7 years no matter which state you live in.

Georgia statute of limitations on debt

Type of debtTime limitLaw
Written contracts6 yearsO.C.G.A. 9-3-24
Oral contracts4 yearsO.C.G.A. 9-3-25
Open accounts4 yearsO.C.G.A. 9-3-25
  • Written contracts. Runs from when the debt became due and payable. Sale-of-goods contracts and negotiable instruments, such as many promissory notes, are governed by the commercial code instead.
  • Oral contracts. Covers a contract not signed by the person being charged and any implied promise.

Time limits to sue vs. time on your credit report

The Georgia deadlines above control how long a creditor or collector can win a lawsuit. They don't change how long an account stays on your credit report. The federal Fair Credit Reporting Act limits most negative items to 7 years in every state, counted from the date of first delinquency, and a payment doesn't restart that reporting clock. See how long negative items stay for both clocks side by side.

Can a payment restart the clock?

A new promise, whether it renews a barred debt or restarts the clock on one not yet barred, must be in writing, in your own handwriting or signed by you or someone you authorized (O.C.G.A. 9-3-110). A payment entered on a written evidence of the debt, or any other written acknowledgment of the debt, counts as a new promise to pay (O.C.G.A. 9-3-112).

Does Georgia limit lawsuits on old debt?

Georgia law adds no rule of its own on suing over old debt. The federal Regulation F ban on suing or threatening to sue over time-barred debt applies.

Medical debt on credit reports in Georgia

Georgia has no law of its own limiting medical debt on credit reports, so the national rules decide what shows. The three bureaus leave off paid medical collections and any under $500, and an unpaid one can't appear until it is a year old.

Compare every state in medical debt laws by state.

Marriage and debt

Georgia is not a community property state. Each spouse keeps a separate credit report, and a debt generally belongs to the people who signed for it.

Can employers check your credit?

Georgia has no statewide law limiting employer credit checks. Federal FCRA consent and adverse action rules apply.

Where to complain about a debt collector

In Georgia, complaints about debt collectors and credit reporting can go to Georgia Attorney General's Consumer Protection Division, as well as to the Consumer Financial Protection Bureau.

More to know in Georgia

Georgia draws its line by signature. A simple contract in writing gets 6 years from the date the money became due, while an open account, an implied promise or any contract you didn't sign gets 4. On an old account, whether you signed the agreement can change which deadline applies. Georgia's revival law is detailed. Any new promise to pay, whether it revives a debt that is already barred or extends one that isn't, has to be written in your own hand or signed by you or someone you authorized, so a spoken promise does not count. A payment that gets entered on a written record of the debt, or another written acknowledgment, is treated the same as a new written promise. Before you pay on an old Georgia debt or sign anything a collector sends, work out the date the debt first became due. Complaints about collection practices can go to the Attorney General's Consumer Protection Division at (404) 651-8600 or through its online form.

Guides that go deeper

Sources

  1. O.C.G.A. 9-3-24: Actions on simple written contracts, Justia US Law
  2. O.C.G.A. 9-3-25: Actions on open accounts and contracts not in writing, Justia US Law
  3. O.C.G.A. 9-3-110: New promise to be in writing, Justia US Law
  4. O.C.G.A. 9-3-112: Payment or written acknowledgment equivalent to new promise, Justia US Law
  5. Georgia Attorney General's Consumer Protection Division, State of Georgia
  6. The latest on keeping medical debt out of credit reports, National Consumer Law Center
  7. Publication 555: Community Property, Internal Revenue Service

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