A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party’s own handwriting or subscribed by him or someone authorized by him.
§ 9-3-110.New promise to be in writing
Chapter 3. Limitations of Actions · Article 6. Revival · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-3-110 requires that a new promise reviving an already time-barred debt, or restarting the clock on a debt not yet barred, be in writing — either handwritten by the debtor or signed by the debtor or by someone the debtor authorized to sign.
Full Text of § 9-3-110
Plain-English Summary
Georgia lets a debtor breathe new life into an old debt, but only through a written promise. Whether the goal is reviving a debt already barred by the statute of limitations or restarting the clock on one that has not yet expired, an oral acknowledgment will not do the job. The promise has to be in writing — either in the debtor’s own hand or signed by the debtor or by someone the debtor authorized to sign on their behalf.
The writing requirement guards against an obvious risk in this area: a creditor claiming, years later, that the debtor once said something reviving a stale debt, with no way to verify it happened. Requiring a signed writing forces the proof into a form a court can examine directly rather than relying on memory or testimony about a conversation.
This section sets the form the new promise must take; the sections that follow in this article explain what a valid promise accomplishes, who it binds, and what other acts — like a payment — can substitute for it.
Frequently Asked Questions
Can a debtor revive a time-barred debt with an oral promise in Georgia?
No. The new promise “shall be in writing,” either in the debtor’s own handwriting or signed by the debtor or someone authorized by the debtor.
Does this writing requirement apply only to already-barred debts?
No. It applies both to reviving a debt already barred and to restarting the limitations clock on a debt not yet barred.
Who can sign the writing on the debtor’s behalf?
Someone authorized by the debtor may subscribe the promise, in addition to the debtor personally.
Does the promise need to be entirely in the debtor’s own handwriting?
No. It can be “in the party’s own handwriting or subscribed by him or someone authorized by him,” meaning a signature suffices.
What does a valid new promise under this section do to the underlying debt?
O.C.G.A. § 9-3-113 explains that a new promise revives or extends the original liability, rather than creating a new one.
Amendment History
Ga. L. 1855-56, p. 233, § 25; Code 1863, § 2875; Code 1868, § 2883; Code 1873, § 2934; Code 1882, § 2934; Civil Code 1895, § 3788; Civil Code 1910, § 4383; Code 1933, § 3-901.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia new promise to pay debt statute of limitationsgeorgia revive time barred debt writing requirementwritten acknowledgment of debt georgia statute limitationsreviving old debt georgia law