In Georgia (and other states), laws prescribe specific time periods for bringing civil claims. If a time period expires before a party files suit, the other party may seek dismissal of the claim regardless of its merits. Therefore, if you or your business may have been wronged, it is important to confirm timing deadlines that may apply in order to protect your ability to pursue claims. Also, if you are sued, you should check to see whether the other party timely filed suit in the event you have grounds for dismissal on this basis.
The time periods vary depending on the type of claim. For certain claims, a party may be able to toll the limitations period depending on the circumstances. Below are examples of statutory time periods applicable to certain civil claims in Georgia:
Breach of written contract: 6 years (O.C.G.A. § 9-3-24)
Breach of oral contract: 4 years (O.C.G.A. § 9-3-26)
Unjust enrichment: 4 years (O.C.G.A. § 9-3-26)
Fraud: 4 years (O.C.G.A. § 9-3-30)
Trespass: 4 years (O.C.G.A. § 9-3-30)
Conversion: 4 years (O.C.G.A. § 9-3-32)
Injury to personal property (including property damage): 4 years (O.C.G.A. § 9-3-32)
Negligent construction: 4 years from substantial completion (O.C.G.A. § 9-3-30)
Personal injury: 2 years from date of injury or death (O.C.G.A. § 9-3-33)
Defamation: 1 year from date statement made (O.C.G.A. § 9-3-33)
Collection of debt on account: 4 years (O.C.G.A. § 9-3-25)
If you have an existing or potential legal matter and would like help determining what limitations periods may apply, or assistance with a dispute, please contact us for an initial consult.
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