§ 9-3-26.Other actions on contracts; exception
Chapter 3. Limitations of Actions · Article 2. Specific Periods of Limitation · Last amended 1962 · Last verified July 17, 2026
Full Text of § 9-3-26
Plain-English Summary
Georgia's contract-limitations scheme handles several specific categories by name: sealed instruments, simple written contracts, open accounts. O.C.G.A. § 9-3-26 catches everything left over. Any action on a contract, express or implied, that does not fit one of the more specific sections gets a four-year period running from when the right of action accrues.
This residual role means the section rarely stands alone in a lawyer's analysis. It only comes into play after ruling out the more specific provisions — sealed instruments under O.C.G.A. § 9-3-23, written contracts under O.C.G.A. § 9-3-24, open accounts and unsigned contracts under O.C.G.A. § 9-3-25 — that would otherwise control. When a contract claim does not fit any of those boxes, this section fills the gap with the same four-year period that applies to open accounts.
As with its neighbors, this section leaves sale-of-goods contracts alone. Those claims run on the timetable Article 2 of Title 11 sets, not on the general contract periods in this article.
Frequently Asked Questions
What kind of contract claim does this catchall section cover?
Any action on a contract, express or implied, that is not otherwise provided for elsewhere in the limitations statutes — a residual category for contract claims that do not fit a more specific Code section.
How long is the limitations period under this section?
Four years from the accrual of the right of action.
Does this section apply to a contract for the sale of goods?
No. Like the neighboring contract sections, it excludes actions for breach of contracts for the sale of goods under Article 2 of Title 11.
How do I know whether my contract claim falls under this section or a more specific one?
Check whether the claim fits a more specific category first — sealed instruments, signed written contracts, or open accounts and unsigned contracts each have their own section. This section applies only when none of those fit.
Does the four-year period here match the period for open accounts?
Yes. Both this section and O.C.G.A. § 9-3-25 use a four-year period, though they cover different categories of contract claims.
Amendment History
Ga. L. 1855-56, p. 233, § 18; Code 1863, § 2864; Code 1868, § 2872; Code 1873, § 2923; Code 1882, § 2923; Civil Code 1895, § 3774; Civil Code 1910, § 4368; Code 1933, § 3-711; Ga. L. 1962, p. 156, § 1.