The statute of limitations applies to the subject matter of setoff as well as to the plaintiff’s demand.
§ 9-3-6.Applicability of limitations to setoffs
Chapter 3. Limitations of Actions · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-3-6 applies the statute of limitations to a defendant’s setoff claim the same way it applies to the plaintiff’s underlying demand, so a debt too old to sue on independently cannot be revived by raising it as an offset against what the plaintiff seeks.
Full Text of § 9-3-6
Plain-English Summary
A setoff lets a defendant who owes the plaintiff something point to a separate debt the plaintiff owes back, and net the two against each other. O.C.G.A. § 9-3-6 makes sure that shortcut does not become a way around the calendar: the statute of limitations applies to the subject matter of a setoff exactly as it applies to the plaintiff’s own demand.
That means a defendant cannot dust off a claim too old to bring as a lawsuit and use it instead as a defensive offset. If the underlying debt behind the setoff would already be barred as an independent claim, raising it as a setoff does not give it new life — the same limitations clock that would have killed a standalone suit kills the setoff too.
The rule keeps the limitations system symmetrical. Both sides of a dispute — the claim the plaintiff brings and the setoff the defendant raises against it — answer to the same time limits, so neither party gains an advantage by waiting out the other’s deadline while relying on a stale claim of their own.
Frequently Asked Questions
Does the statute of limitations reach a defendant’s setoff, or only the plaintiff’s claim?
It reaches both. The statute of limitations applies to the subject matter of setoff as well as to the plaintiff’s demand.
Can a defendant use an otherwise time-barred debt as a setoff against the plaintiff’s claim?
No, because this section applies the same limitations period to the setoff’s subject matter that would apply if that debt were sued on independently.
What two things does this section compare?
The subject matter of a setoff and the plaintiff’s demand, both of which the statute of limitations governs in the same way.
Does this section set up a separate or different limitations period just for setoffs?
No. It applies the existing statute of limitations to the setoff’s subject matter, rather than establishing a distinct period.
Why would a defendant need to check the limitations period on a debt before raising it as a setoff?
Because this section holds that debt to the same statute of limitations as an independent claim, so a time-barred debt cannot be revived by framing it as a setoff.
Amendment History
Orig. Code 1863, § 3399; Code 1868, § 3418; Code 1873, § 3470; Code 1882, § 3470; Civil Code 1895, § 5089; Civil Code 1910, § 5673; Code 1933, § 3-708.
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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