§ 9-3-23.Sealed instruments
Chapter 3. Limitations of Actions · Article 2. Specific Periods of Limitation · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-3-23
Plain-English Summary
A sealed instrument used to carry special legal weight, and Georgia law still gives creditors on sealed obligations far more time to sue than creditors on an ordinary contract: 20 years, compared to six years for a simple written contract or four years for most unwritten agreements. O.C.G.A. § 9-3-23 preserves that extended period for bonds and other instruments under seal.
The section also settles a question that could otherwise invite argument: what makes an instrument sealed? The answer is narrow and formal. A wax impression, a printed word, or a notary's seal on the signature line is not enough by itself. The document has to recite, in the body of the instrument, that it is under seal. Without that recital, the instrument does not qualify, no matter what other formalities surround its execution.
Because the difference between a 20-year period and a much shorter one can decide whether a stale claim survives, this recital requirement does real work. Anyone relying on a document's seal to extend the limitations period needs to check that the text itself says so, not just that a seal appears somewhere on the page.
Frequently Asked Questions
How long do I have to sue on a bond or sealed instrument in Georgia?
Twenty years after the right of action accrues, under O.C.G.A. § 9-3-23.
What makes a document count as under seal for this longer period?
The instrument must recite, in the body of the document itself, that it is under seal. A seal impression or notation elsewhere on the page, without that textual recital, is not enough.
Does a promissory note with a seal stamped on it automatically get the 20-year period?
Only if the note itself recites in its body that it is under seal. The statute makes the recital, not the physical presence of a seal, the deciding factor.
How does the 20-year period for sealed instruments compare to ordinary written contracts?
It is far longer. Simple written contracts generally carry a six-year period under O.C.G.A. § 9-3-24, so an instrument that qualifies as sealed gets more than three times as long.
Does this section apply to any instrument other than bonds?
Yes. It covers bonds or other instruments under seal, so any qualifying sealed instrument — not just bonds specifically — falls within the 20-year period.
Amendment History
Laws 1806, Cobb’s 1851 Digest, p. 566.; Ga. L. 1855-56, p. 233, § 11; Code 1863, § 2856; Code 1868, § 2864; Code 1873, § 2915; Code 1882, § 2915; Civil Code 1895, § 3765; Civil Code 1910, § 4359; Code 1933, § 3-703.