2021 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 2 - Specific Periods of Limitation
§ 9-3-24. Actions on Simple Written Contracts; Exceptions

All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. 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 or to negotiable instruments under Article 3 of Title 11.

(Orig. Code 1863, § 2858; Code 1868, § 2866; Code 1873, § 2917; Code 1882, § 2917; Civil Code 1895, § 3767; Civil Code 1910, § 4361; Code 1933, § 3-705; Ga. L. 1962, p. 156, § 1; Ga. L. 1996, p. 1306, § 15.)

- For article surveying recent legislative and judicial developments regarding Georgia's insurance laws, see 31 Mercer L. Rev. 117 (1979). For article, "Construction Law," see 53 Mercer L. Rev. 173 (2001). For annual survey of construction law, see 57 Mercer L. Rev. 79 (2005). For annual survey of insurance law, see 57 Mercer L. Rev. 221 (2005). For survey article on construction law, see 60 Mercer L. Rev. 59 (2008). For annual survey on insurance, see 61 Mercer L. Rev. 179 (2009). For annual survey of law on construction law, see 62 Mercer L. Rev. 71 (2010). For annual survey on construction law, see 65 Mercer L. Rev. 67 (2013). For note, "Forty-Eight States are Probably Not Wrong: An Argument for Modernizing Georgia's Legal Malpractice Statute of Limitations," see 33 Ga. St. U.L. Rev. 805 (2017).

ANALYSIS

• General Consideration
• Actions on Simple Written Contracts
• Running of Limitation

RESEARCH REFERENCES

Am. Jur. 2d.

- 51 Am. Jur. 2d, Limitation of Actions, § 134 et seq.

- 54 C.J.S., Limitations of Actions, §§ 73 et seq., 85 et seq.

- Grantee's assumption of mortgage indebtedness by deed as simple contract or specialty within statute of limitations, 51 A.L.R. 981.

Entry or endorsement by creditor on note, bond, or other obligation as evidence of part payment which will toll the statute of limitations, 59 A.L.R. 903; 23 A.L.R.2d 1331.

When statute of limitations commences to run against action against one who has misrepresented or exceeded his authority to contract for another, 64 A.L.R. 1194.

Scope and application of limitation provision of statute or policy against actions under forfeited policy, 105 A.L.R. 1093.

What constitutes a promise in writing to pay money within statutes of limitation, 111 A.L.R. 984.

When action considered to be one on contract rather than one for fraud as regards statute of limitations, 114 A.L.R. 525.

Suit to rescind contract as one based on contract or covenant within statute of limitations, 114 A.L.R. 1525.

Bar of statute of limitations against action to recover principal of obligation as affecting right to recover interest, 115 A.L.R. 728.

Promise by holder of obligation to extend time for payment or not to press for payment as tolling statute of limitations, 120 A.L.R. 765.

Liability of surety as affected by running of limitation in favor of principal or cosurety, 122 A.L.R. 204.

Statute of limitations as applied to certificate of deposit, 128 A.L.R. 157.

Statute of limitations applicable to action on check, 139 A.L.R. 1280.

Statute of limitations: action by one secondarily liable on negotiable instrument against others secondarily liable, or against principal, as an action on such instrument, or an action on an implied promise, or similar action, 140 A.L.R. 888; 143 A.L.R. 1062.

Promise to pay debt conditioned upon future act of creditor as tolling statute of limitations, 143 A.L.R. 1429.

When statute of limitations begins to run against action on a contract which contemplates an actual demand, 159 A.L.R. 1021.

What constitutes a contract in writing within statute of limitations, 3 A.L.R.2d 809.

Right of creditor to set aside transfer of property as fraudulent as affected by the fact that his claim is barred by statute of limitation, 14 A.L.R.2d 598.

What period of limitation governs in an action against a public officer and the surety on his official bond, 18 A.L.R.2d 1176.

Action by passenger against carrier for personal injuries as based on contract or on tort, with respect to application of statutes of limitation, 20 A.L.R.2d 331.

When statute of limitations commences to run against promise to pay debt "when able," "when convenient," or the like, 28 A.L.R.2d 786, 67 A.L.R.5th 479.

Payment by obligor on note or other instrument containing warrant of attorney to confess judgment as extending time within which power to confess may be exercised, 35 A.L.R.2d 1452.

When limitations begin to run against actions on public securities or obligations to be paid out of special or particular fund, 50 A.L.R.2d 271.

When statute of limitations begins to run on contractual obligation to pay for minor's support, 52 A.L.R.2d 1125.

When statute of limitations begins to run against note payable on demand, 71 A.L.R.2d 284.

Statute of limitations applicable in action to enforce, or recover damages for breach of, contract to make a will, 94 A.L.R.2d 810.

Choice of law as to applicable statute of limitations in contract actions, 78 A.L.R.3d 639.

When statute of limitations begins to run against action to recover money paid by mistake, 79 A.L.R.3d 754.

What statute of limitations governs damage action against attorney for malpractice, 2 A.L.R.4th 284.

Debtor's restrictive language accompanying part payment as preventing interruption of statute of limitations, 10 A.L.R.4th 932.

Computer sales and leases: time when cause of action for failure of performance accrues, 90 A.L.R.4th 298.

Application of statute of limitations to actions for breach of duty in performing services of public accountant, 7 A.L.R.5th 852.

When statute of limitations commences to run as to cause of action for wrongful discharge, 19 A.L.R.5th 439.

Modern status of the application of "discovery rule" to postpone running of limitations against actions relating to breach of building and construction contracts, 33 A.L.R.5th 1.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time of occurrence of negligent act or omission, 11 A.L.R.6th 1.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time of occurrence of sustaining damage or injury and other theories, 12 A.L.R.6th 1.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time client discovers, or should have discovered, negligent act or omission - Statement of rule and application of rule to providing client with allegedly negligent advice or failing to advise, 13 A.L.R.6th 1.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time client discovers, or should have discovered, negligent act or omission - Application of rule to conduct of litigation and delay or inaction in conducting client's affairs, 14 A.L.R.6th 1.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time client discovers, or should have discovered, negligent act or omission - Application of rule to property, estate, corporate, and document cases, 15 A.L.R.6th 427.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time client discovers, or should have discovered, negligent act or omission - Application of rule to negligent misrepresentation, failure to supervise junior counsel, conflict of interest, billing disputes, and unspecified acts of negligence, 16 A.L.R.6th 653.

Construction and application of "key man" life insurance, 12 A.L.R.7th 6.