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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I live in the state of Georgia. I have person who says I owe

Customer Question

Hello,
I live in the state of Georgia. I have person who says I owe them a large sum of money, from prior to 2007. They are now trying to get this money, but I believe the debt was settled. Do they have a leagl claim from this long ago?
Submitted: 11 months ago.
Category: Legal
Expert:  Sam replied 11 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

The statute of limitations on such a verbal contact under GA law is 4 years if it was a verbal agreement and 6 if it was a written agreement.

Expert:  Sam replied 11 months ago.

That can be found at GA statute 9-3-25 for a verbal agreement.

And it states:

9-3-25. All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. 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.

Expert:  Sam replied 11 months ago.

I suggest, if a lawsuit is brought and you are served, you can file a Motion to Dismiss based on that statute.

Expert:  Sam replied 11 months ago.

Or if it was a written agreement you can cite GA statute 9-3-24 which states

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.

Expert:  Sam replied 11 months ago.

Please let me know here if you have other questions or need clarification in this regard. Otherwise, I would appreciate a positive rating as that is how I get credit for my time and the information provided.