§ 9-2-6.Demand prior to action not necessary
Chapter 2. Actions Generally · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-2-6
Plain-English Summary
Some people assume they have to ask nicely before they can sue — send a letter, make a phone call, give the other side a chance to fix things. Georgia law says otherwise as a default matter.
This section makes clear that no demand is necessary before a plaintiff commences an action, unless a specific law or the underlying contract says a demand is required first. A creditor, for instance, doesn’t have to send a formal demand letter before filing a collection suit unless the loan agreement itself calls for one, or a statute governing that particular claim imposes the requirement.
The rule cuts down on procedural traps. Without it, a defendant could argue that any suit filed without a prior demand was premature, adding a step and a delay to litigation that the substantive law never required in the first place. Where the legislature or the parties do want a demand as a gatekeeper, they have to say so.
Frequently Asked Questions
Do I have to send a demand letter before suing someone in Georgia?
Not unless a specific law or the contract between the parties requires it. The default rule is that no demand is necessary before filing suit.
Can a contract require a demand before a lawsuit can be filed?
Yes. The section excepts “such cases as the law or the contract prescribes,” so parties can agree to a demand requirement, and it will control.
Does every type of claim in Georgia skip the demand requirement?
No. Some specific statutes impose a demand requirement for particular claims, and this section defers to those laws when they exist.
What happens if I sue without making a demand first?
As a general matter, that’s permitted — the lawsuit isn’t defective for lack of a prior demand unless the applicable law or contract required one.
Is this rule specific to contract claims?
The text is not limited to contracts; it applies broadly to the commencement of an action, with an exception only where a law or a contract prescribes a demand.
Amendment History
Orig. Code 1863, § 3179; Code 1868, § 3190; Code 1873, § 3255; Code 1882, § 3255; Civil Code 1895, § 4935; Civil Code 1910, § 5512; Code 1933, § 3-106.