QUESTION

Will a notary seal extend the statute of limitations on a written debt?

Asked on Oct 22nd, 2013 on Bankruptcy - North Carolina
More details to this question:
A person owes me a written debt in the State of Georgia and the statue of limitations is six years for me to collect. If my written debt document is notarized by a Notary Public, is the statute of limitation longer than six years for me to collect? Does the notary seal extend the statue of limitations on a written debt document?
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1 ANSWER

Yes and no. Its not a question of the statute of limitations being extended. Putting a seal on a document does not extend the statute. Rather, a totally different limitations period applies. Since this is in GA, GA statute says: 9-3-23. Sealed instruments Actions upon bonds or other instruments under seal shall be brought within 20 years after the right of action has accrued. No instrument shall be considered under seal unless so recited in the body of the instrument. An agreement is not under seal merely by having a notary stamp. As noted in the statute, the contract has to have words in the body of the document before its signed and notarized. Whether a document is under seal requires examination of the document. Usually, it contains words above where you signed that say something like "Wherefore, I have set my hand and seal this.
Answered on Oct 23rd, 2013 at 1:12 AM

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