All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.
§ 9-3-25.Open accounts; breach of certain contracts; implied promise; exception
Chapter 3. Limitations of Actions · Article 2. Specific Periods of Limitation · Last amended 1962 · Last verified July 17, 2026
In one sentenceClaims on an open account, on a contract not signed by the party being sued, or on an implied promise must be filed within four years of accrual, but this period does not reach contracts for the sale of goods, which follow Title 11 instead.
Full Text of § 9-3-25
Plain-English Summary
Not every agreement takes the form of a signed written contract. Businesses extend open accounts to customers, people rely on unsigned agreements, and courts sometimes recognize an implied promise even without an explicit one. O.C.G.A. § 9-3-25 gives all three of these categories the same four-year period, running from when the right of action accrues.
The phrase covering contracts “not under the hand of the party sought to be charged” reaches agreements the defendant never signed — situations where a contract exists but the person being sued did not personally execute the writing. That stands in contrast to the six-year period for simple written contracts under O.C.G.A. § 9-3-24, which generally involves a signed document.
As with the neighboring contract sections, this one excludes sale-of-goods contracts, which Article 2 of Title 11 governs on its own terms. Open accounts for services, running tabs, and implied obligations outside the goods context are what this four-year period is built to handle.
Frequently Asked Questions
How long do I have to sue on an open account in Georgia?
Four years after the right of action accrues, under O.C.G.A. § 9-3-25.
What does it mean for a contract to not be under the hand of the party sought to be charged?
It means the person being sued did not personally sign the writing. The four-year period covers these unsigned contracts along with open accounts and implied promises.
Does this four-year period apply to a contract for the sale of goods?
No. The statute states that it does not apply to actions for breach of contracts for the sale of goods under Article 2 of Title 11.
What is an implied promise or undertaking under this section?
The statute covers any implied promise or undertaking without further defining it, grouping it with open accounts and unsigned contracts under the same four-year period.
How does this period compare to the period for signed written contracts?
It is shorter. A simple written contract signed by the party to be charged gets six years under O.C.G.A. § 9-3-24, while an open account or unsigned contract gets four years under this section.
Amendment History
Laws 1809, Cobb’s 1851 Digest, p. 566.; Ga. L. 1855-56, p. 233, § 10; Code 1863, § 2859; Code 1868, § 2867; Code 1873, § 2918; Code 1882, § 2918; Civil Code 1895, § 3768; Civil Code 1910, § 4362; Code 1933, § 3-706; Ga. L. 1962, p. 156, § 1.
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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