Breach of Contract Statute of Limitations in Georgia
Last verified 2026-07 · Source: O.C.G.A. § 9-3-24 ✓ verified · 3 sources
The deadline
6 years
from When the contract becomes due and payable (written); when the right of action accrues (oral), under O.C.G.A. § 9-3-24.
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The deadline to file a breach of contract lawsuit in Georgia is 6 years, set by O.C.G.A. § 9-3-24. It starts running on When the contract becomes due and payable (written); when the right of action accrues (oral). This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Georgia Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Breach of Contract | 6 years | O.C.G.A. § 9-3-24 |
| Car Accident | 2 yrs | O.C.G.A. § 9-3-33 |
| Credit Card Debt | 6 yrs | O.C.G.A. § 9-3-24 |
| Medical Malpractice | 2 yrs | O.C.G.A. § 9-3-71 |
| Wrongful Death | 2 yrs | O.C.G.A. § 51-4-1 et seq.; O.C.G.A. § 9-3-33 |
| Personal Injury | 2 yrs | O.C.G.A. § 9-3-33 |
| Dog Bite | 2 yrs | O.C.G.A. § 51-2-7 (vicious animal liability); SOL: O.C.G.A. § 9-3-33 |
| Slip and Fall | 2 yrs | O.C.G.A. § 9-3-33 |
| Defamation | 1 yr | O.C.G.A. § 9-3-33 |
| Medical Debt | 6 yrs | O.C.G.A. § 9-3-24 |
When the Clock Starts
In Georgia, the limitations period for breach of contract claims generally begins on When the contract becomes due and payable (written); when the right of action accrues (oral). Georgia does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
Written contracts: 6 years under O.C.G.A. § 9-3-24. Statute text: 'All actions upon simple contracts in writing shall be brought within six years after the same become due and payable.' Oral contracts and implied promises: 4 years under § 9-3-25. Both provisions exclude UCC Article 2 sales of goods and negotiable instrument claims (Article 3).
Source: O.C.G.A. § 9-3-24, official Georgia statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Georgia government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Georgia Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Georgia | 6 years | O.C.G.A. § 9-3-24 |
| Florida | 5 yrs | Fla. Stat. § 95.11(2)(b) |
| Alabama | 6 yrs | Ala. Code § 6-2-34(4) |
| Tennessee | 6 yrs | Tenn. Code Ann. § 28-3-109 |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-52(1) |
| South Carolina | 3 yrs | S.C. Code Ann. § 15-3-530(1) |
Frequently Asked Questions
How long do I have to file a breach of contract lawsuit in Georgia?
You have 6 years from When the contract becomes due and payable (written); when the right of action accrues (oral), under O.C.G.A. § 9-3-24.
Can I still sue after 6 years in Georgia?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Georgia generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
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Sources
- Official O.C.G.A. § 9-3-24 - Actions on simple written contracts (legis.ga.gov)
- Corroborating Georgia Code § 9-3-24 - Actions on simple written contracts (Justia)
- Corroborating Georgia Code § 9-3-24 (FindLaw)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Georgia attorney.