---
title: O.C.G.A. § 11-3-119. Notice of right to defend action.
collection: code
id: 11-3-119
cite_as: O.C.G.A. § 11-3-119 (2025)
canonical_url: https://georgiacommons.org/code/11-3-119
md_url: https://georgiacommons.org/code/11-3-119.md
text_url: https://georgiacommons.org/code/11-3-119/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t11-(v9)-pdf.pdf?sfvrsn=df925151_0#page=38
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/11-3.md
previous: https://georgiacommons.org/code/11-3-118.md
next: https://georgiacommons.org/code/11-3-201.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCIAL CODE / NEGOTIABLE INSTRUMENTS / GENERAL PROVISIONS AND DEFINITIONS
---

# O.C.G.A. § 11-3-119. Notice of right to defend action.

In an action for breach of an obligation for which a third person is answerable over pursuant to this article or Article 4 of this title, the defendant may give the third person notice of the litigation in a record, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that (i) the person notified may come in and defend; and (ii) failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.

## History

Code 1981, § 11-3-119, enacted by Ga. L. 1996, p. 1306, § 3; Ga. L. 2024, p. 817, § 5-18/HB 1240, effective July 1, 2024.

## Editor's Notes

Ga. L. 2024, p. 817, § 1-1/HB 1240, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Uniform Commercial Code Modernization Act of 2024.’”

Ga. L. 2024, p. 817, § 1-2/HB 1240, not codified by the General Assembly, provides: “Nothing in this Act shall be construed to support, endorse, create, or implement a national digital currency.”

## Amendments

The 2024 amendment, effective July 1, 2024, substituted “notice of the litigation in a record” for “written notice of the litigation” in the first sentence.