§ 9-3-24.Actions on simple written contracts; exceptions
Chapter 3. Limitations of Actions · Article 2. Specific Periods of Limitation · Last amended 1996 · Last verified July 17, 2026
Full Text of § 9-3-24
Plain-English Summary
Most written contracts in Georgia — promissory notes without a seal, written service agreements, IOUs — fall under a six-year limitations period measured from when the obligation becomes due and payable. O.C.G.A. § 9-3-24 sets that baseline, sitting between the 20-year period for sealed instruments and the shorter periods that apply to unwritten agreements.
The section carves out two categories that follow different rules entirely. Contracts for the sale of goods are governed by Article 2 of Title 11, Georgia's version of the Uniform Commercial Code, which sets its own limitations period for sales disputes — an exclusion dating to the 1962 enactment of Georgia's UCC. Negotiable instruments — checks, drafts, and similar instruments — fall under Article 3 of Title 11 instead, a carve-out the legislature added later, in 1996.
The practical effect is that a lawyer cannot assume six years applies just because a contract is in writing. The nature of what the contract covers determines which limitations period controls, so a written contract for the sale of goods needs a different analysis than a written contract for services or a loan.
Frequently Asked Questions
How long do I have to sue on a written contract in Georgia?
Six years after the debt becomes due and payable, under O.C.G.A. § 9-3-24, unless the contract falls into one of the excluded categories.
Does the six-year period apply to a contract for the sale of goods?
No. The statute expressly excludes actions for breach of contracts for the sale of goods under Article 2 of Title 11, which has its own limitations rules.
Does this section cover checks and promissory notes?
Not if they qualify as negotiable instruments. Those are excluded and instead governed by Article 3 of Title 11.
When does the six-year clock start running?
When the contract obligation becomes due and payable, not necessarily when the contract was signed.
What is the difference between this section and the period for sealed instruments?
A simple written contract without a seal gets six years under this section, while a bond or instrument that recites in its own body that it is under seal gets 20 years under O.C.G.A. § 9-3-23.
Amendment History
Orig. Code 1863, § 2858; Code 1868, § 2866; Code 1873, § 2917; Code 1882, § 2917; Civil Code 1895, § 3767; Civil Code 1910, § 4361; Code 1933, § 3-705; Ga. L. 1962, p. 156, § 1; Ga. L. 1996, p. 1306, § 15.