GEORGIA
GEORGIA
GEORGIA SOL & RGHT OF ACTION
- *** CODE SECTION ***
- 9-3-26.
PLEASE NOTE THAT GEORGIA COURT RULINGS HAVE HELD THAT THERE IS A 6 YEAR SOL FOR CREDIT CARDS IN SPITE OF THE CLEAR LANGUAGE OF THEIR CODE AND THE SUPERCEDANCE OF THE TILA DECLARING CREDIT CARDS TO BE OPEN ENDED ACCOUNTS.
- All other actions upon contracts express or implied not otherwise provided
for shall be brought within four years from the accrual of
the right of action. 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.
THE FOLLOWING SECTION EXEMPTS CREDIT CARDS FROM "WRITTEN INSTRUMENTS"
*** CODE SECTION *** 12/03/01
- 11-9-102. Definitions and index of definitions.
- (a) Article 9 definitions. As used in this article, the term:
- (48) "Instrument" means a negotiable instrument or any other writing
that evidences a right to the payment of a monetary obligation, is not itself
a security agreement or lease, and is of a type that in ordinary course of
business is transferred by delivery with any necessary indorsement or
assignment. The term does not include
- (i) investment property,
- (ii) letters of credit,
- or
- (iii) writings that evidence a right to payment arising out of the use
of a credit or charge card or information contained on or for use with
the card.
THE FOLLOWING SECTION PROHIBITS RE-AGING OF SOL- UNLESS IN WRITING
- *** CODE SECTION ***
- 9-3-110.
- A new promise, in order to renew a right of action already barred or to
constitute a point from which the limitation shall commence running on a
right of action not yet barred, shall be in writing, either in the party's
own handwriting or subscribed by him or someone authorized by him.
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