What You Need to Know about Georgia Statute of Limitations

The statute of limitations varies depending on the type of court case. Here’s a detailed explanation of the statute of limitations in Georgia.

The civil statute of limitations are the limitations a state sets on when a plaintiff can file a case. A plaintiff cannot file certain cases after an extended period of time. The statute of limitations exists to ensure there is sufficient evidence in a court case and the defendant does not have a constant and indefinite threat of being sued.

Georgia’s Statute of Limitations for Civil Cases

Actions on Foreign Judgements

Court judgments that have occurred outside of Georgia must be brought to Georgia courts no more than five years after an individual obtains the original judgments. The statute of limitations for actions on foreign judgments does not include judgments for child support or spousal support.

Enforcement of Rights Under Statutes, Acts of Incorporation; Recovery of Wages, Overtime and Damages

Individuals wanting to enforce their rights under statutes or acts of incorporation or operation of law must bring their case no more than twenty years after the original action occurred.

Individuals wanting to enforce actions for the recovery of wages, overtime or damages and penalties that accrue under laws respecting payment of wages and overtime must bring their case to court within two years after the original action occurred.

Sealed Instruments

Sealed instruments are signed and sealed documents. Individuals with actions on sealed bonds or other sealed instruments must bring their case to court within twenty years after the original action occurred.

Related: Georgia Personal Injury FAQs

Actions on Simple Written Contracts

Individuals with actions on simple written contracts must bring their case to court within six years after the contract became due and payable. The statute of limitations for actions on simple written contracts does not apply to a breach of contracts for the sale of goods or negotiable instruments.

Open Accounts, Breach of Certain Contracts, Implied Promise

Individuals with actions on open accounts (accounts with unpaid balances left open) or the breach of a contract under a party that is going to face charges or in any promise or undertaking must bring their case to court within four years after the action accrues. The statute of limitations for open accounts, breach of certain contracts, or implied promise does not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.

Other Actions on Contracts

Individuals with actions on express or implied contracts not already mentioned must bring their case to court within four years after the action accrues. The statute of limitations for other actions on contracts does not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.

Actions Against Fiduciaries

A fiduciary is an individual who holds a legal position and legal relationship to another individual. Individuals with actions against fiduciaries – executors, administrators, or guardians – must bring their case to court within ten years after the action accrues. The statute of limitations for actions against fiduciaries does not apply to fiduciaries’ bonds.

Actions by Informers

Individuals with actions by informers (a person who provides evidence in a trial) to recover a fine, forfeiture or penalty must bring their case to court within one year from when the defendant’s liability was uncovered.

Breach of Restrictive Covenant

Individuals with actions brought for a break of a formal agreement restricting land uses must bring their case to court within two years after the action occurs. Individuals with actions for a breach of a formal agreement on lands that include a failure to pay assessments or fees must bring their case to court within four years after the action accrues.

The right to action occurs immediately when a party erects a permanent fixture on the land, resulting in a violation of an agreement. If the violation is continuous, the action shall accrue each time the violation occurs.

Related: Determining Fault in a Georgia Car Accident

Trespass or Damage to Realty

Individuals with actions for trespass on realty or damage to realty must bring their case to court within four years after the event occurs.

Actions Against Persons Engaged in Land Surveying

Individuals with actions against an individual wrongfully engaged in land surveying must bring their case to court within six years after the date of the survey of the land.

Injuries to Personality

Individuals with actions for injuries to personality must bring their case to court no more than four years after the event occured.

Accrual of Action for Recovery of Personal Property or Loss of Timber, Damages for Conversion or Destruction

Individuals with actions for retrieval of personal property, or damages for conversion or destruction must bring their case to court no more than four years following the incident. Individuals with actions regarding unauthorized cutting or carrying away of timber from another’s property must bring their case to court no more than four years after the incident.

Injuries to the Person, Injuries to Reputation, Loss of Consortium

Individuals with actions for injuries to a person must bring their case to court no more than two years following the event. Individuals with injuries to the reputation must bring their case to court within one year after the action occurs. Individuals with injuries to a person concerning loss of consortium must bring their case to court within four years following the incident.

Actions for Childhood Sexual Abuse

As of 2015, individuals with any action for recovery of damages suffered from childhod sexual abuse must bring their case to court no more than five years after the plaintiff becomes an adult.

Limitations on Claims Arising Before Decedent’s Death

Individuals with any claim concerning the decedent’s estate after death of the decedent must bring their case to court no more than six years following the decedent’s death.

Contact Us

If you or a loved one would like to learn more about Georgia Civil Statute of Limitations, get your free consultation with one of our Personal Injury Attorneys in Georgia today!