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§ 9-3-35.Actions by creditor seeking relief under Uniform Voidable Transactions Act

Chapter 3. Limitations of Actions · Article 2. Specific Periods of Limitation · Last amended 2015 · Last verified July 17, 2026

In one sentenceA creditor pursuing a claim under Georgia's Uniform Voidable Transactions Act to unwind a debtor's fraudulent transfer must sue within the specific period set out in O.C.G.A. § 18-2-79, not under the general contract or property limitations periods in this article.

Full Text of § 9-3-35

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An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the “Uniform Voidable Transactions Act,” shall be brought within the applicable period set out in Code Section 18-2-79.

Plain-English Summary

When a debtor transfers assets to put them out of a creditor's reach, the creditor's remedy is not an ordinary breach-of-contract or property claim — it is a specific action under the Uniform Voidable Transactions Act, Article 4 of Chapter 2 of Title 18, aimed at unwinding the transfer. O.C.G.A. § 9-3-35 points that action to its own limitations rule rather than folding it into the general contract or property periods this chapter sets elsewhere.

Rather than duplicating a separate time limit here, the statute cross-references O.C.G.A. § 18-2-79, which sets out the applicable period for these voidable-transaction claims directly within the Voidable Transactions Act itself. That structure keeps the timing rule for fraudulent-transfer claims housed with the substantive law that creates the claim, rather than scattered across two different titles of the Code.

For a creditor evaluating whether a debtor's transfer can still be challenged, this section is a signpost rather than a destination — it confirms that the limitations period lives in Title 18, not in this article, and directs the analysis there.

Frequently Asked Questions

How long does a creditor have to sue to void a debtor's fraudulent transfer in Georgia?

The period set out in O.C.G.A. § 18-2-79, which this section cross-references rather than restating.

Why doesn't this section state its own number of years?

Because the Uniform Voidable Transactions Act, where the underlying claim is created, already sets its own limitations period in O.C.G.A. § 18-2-79, and this section points to that provision instead of restating it.

What law creates the claim this section is talking about?

The Uniform Voidable Transactions Act, codified at Article 4 of Chapter 2 of Title 18.

Does the general four-year period for contract or property claims in this article apply to a voidable-transfer claim?

No. This section directs voidable-transfer claims to the period in O.C.G.A. § 18-2-79 instead of the general periods elsewhere in this article.

When did this cross-reference provision take its current form?

It was enacted in 2002 and amended in 2015, when the underlying act was renamed the Uniform Voidable Transactions Act.

Amendment History

Code 1981, § 9-3-35, enacted by Ga. L. 2002, p. 141, § 1; Ga. L. 2015, p. 996, § 4B-1/SB 65.

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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