A new promise shall revive or extend the original liability; it shall not create a new one.
§ 9-3-113.Effect of new promise
Chapter 3. Limitations of Actions · Article 6. Revival · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-3-113 defines what a new promise legally does to a debt: it revives or extends the original liability on its original terms, and it never creates a new, separate obligation in place of the old one.
Full Text of § 9-3-113
Plain-English Summary
This section pins down exactly what a new promise does. It revives or extends the original liability — the same debt, on the same terms, brought back to life or given more time to run. It does not create a new, separate obligation standing on its own.
That distinction carries real consequences. Because the new promise revives the original debt rather than replacing it, the character of that debt — its interest rate, any security attached to it, defenses available against it — travels forward with the revived claim rather than resetting from scratch. A debtor who makes a new promise is not signing up for a new contract; the debtor is extending the life of the one that already existed.
Read together with the surrounding sections, this is the operative rule that gives meaning to a written new promise under O.C.G.A. § 9-3-110 or a qualifying payment under O.C.G.A. § 9-3-112: whichever act triggers revival, the result is always the same original liability continuing forward, not a new one springing into existence.
Frequently Asked Questions
Does a new promise create a brand-new debt separate from the original one?
No. The statute says a new promise “shall not create a new one,” referring to a new liability.
What does a new promise do to the original debt under this section?
It “shall revive or extend the original liability.”
Does the character of the original debt carry forward after revival?
Since the new promise revives or extends the original liability rather than creating a new one, the debt that is revived remains the same original obligation.
Does this section apply to promises under O.C.G.A. § 9-3-110 and payments treated as promises under O.C.G.A. § 9-3-112?
Yes. Both are ways of making a “new promise” within this article, and this section defines what any such new promise legally accomplishes.
Why does it matter whether a new promise revives the old debt instead of creating a new one?
It determines what terms and characteristics attach to the debt going forward — a revived original liability rather than a freshly formed obligation.
Amendment History
Orig. Code 1863, § 2877; Code 1868, § 2885; Code 1873, § 2936; Code 1882, § 2936; Civil Code 1895, § 3790; Civil Code 1910, § 4386; Code 1933, § 3-904.
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
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