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ARTICLE · 13 JUNE 2023

Is Your Contract Signed "Under Seal"?

In Georgia, the statute of limitations for a breach of contract claim varies significantly depending on if the contract was signed "under seal."

United StatesCorporate/Commercial Law

In Georgia, the statute of limitations for a breach of contract claim varies significantly depending on if the contract was signed "under seal."

Contracts in writing are generally subject to a 6-year statute of limitation under O.C.G.A. § 9-3-24. Thus, for most written contracts, six years from the date of the breach is the maximum time period that legal action may be instituted. In contrast, a contract signed "under seal" is subject to a 20-year statute of limitation under O.C.G.A. § 9-3-23.

A lawsuit filed after the statute of limitations has run is subject to summary dismissal.

Because the limitations period for a contract can vary significantly if it is signed under seal, there are important factors to understand. For example, what does it mean to sign a contract "under seal?" And, what are the technical requirements necessary for a contract to be signed "under seal?"

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