Title 9

The statute of limitations applies to the subject matter of setoff as well as to the plaintiff’s demand. History. Orig. Code 1863, § 3399; Code 1868, § 3418; Code 1873, § 3470; Code 1882, § 3470; Civil Code 1895, § 5089; Civil Code 1910, § 5673; Code 1933, § 3-708.

The statute of limitations for a mutual account begins to run on the date of the last item thereof. A mutual account must include an indebtedness on both sides. Mere entries of credits of partial payments shall not be sufficient. History. Civil Code 1895, § 3769; Civil Code 1910,…

All actions upon judgments obtained outside this state, except judgments for child support or spousal support, or both, shall be brought within five years after such judgments have been obtained. History. Laws 1805, Cobb’s 1851 Digest, p. 564.; Ga. L. 1855-56, p. 233, § 7; Code 18…

All actions for the enforcement of rights accruing to individuals under statutes or acts of incorporation or by operation of law shall be brought within 20 years after the right of action has accrued; provided, however, that all actions for the recovery of wages, overtime, or dam…

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. History. Laws 1806, Cobb’s 1851 Digest, p. 566.; Ga. L. 1855-56…

Allstate Ins. Co., 254 Ga. 328, 326 S.E.2d 753, 1985 Ga. LEXIS 627 (1985); Sentry Ins. v. Echols, 174 Ga. App. 541, 330 S.E.2d 725, 1985 Ga. App. LEXIS 1875 (1985), superseded by statute as stated in Dallas Blue Haven Pools, Inc. v. Taslimi, 180 Ga. App. 734, 350 S.E.2d 265, 1986…

Small, 144 Fed. Appx. 762, 2005 U.S. App. LEXIS 14182 (11th Cir. 2005). Accrual of right of contribution. — When principal obligor, with own funds, pays joint debt due by the obligor and the coprincipal, the right upon implied contract of coprincipal to bear share of common burde…

All other actions upon contracts express or implied not otherwise provided for shall be brought within four years from the accrual of the right of action. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Ti…

All actions against executors, administrators, or guardians, except on their bonds, shall be brought within ten years after the right of action accrues. History. Orig. Code 1863, § 2863; Code 1868, § 2871; Code 1873, § 2922; Code 1882, § 2922; Civil Code 1895, § 3772; Civil Code …

All actions by informers to recover any fine, forfeiture, or penalty shall be commenced within one year from the time the defendant’s liability thereto is discovered or by reasonable diligence could have been discovered. History. Laws 1767, Cobb’s 1851 Digest, p. 563.; Code 1863, …

(a) All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues, excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code section. This Code…

Bowden, 248 Ga. App. 647, 548 S.E.2d 347, 2001 Ga. App. LEXIS 259 (2001), rev’d in part, aff’d in part, 275 Ga. 249, 569 S.E.2d 495, 2002 Ga. LEXIS 479 (2002). Parties may contract for lesser time limit. — While O.C.G.A. § 9-3-24 provides that actions on simple contracts in writi…

(a) Notwithstanding the provisions of Code Section 9-3-30 or any other law, every action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of any person or entity, public or private; or brought by or on behalf of this state or …

(a) As used in this Code section, the term “land surveying” shall have the same meaning as provided by paragraph (6) of Code Section 43-15-2. (b) No action to recover damages for any deficiency, defect, omission, error, or miscalculation in a survey or plat shall be brought agains…

Actions for injuries to personalty shall be brought within four years after the right of action accrues. History. Laws 1767, Cobb’s 1851 Digest, p. 562.; Laws 1805, Cobb’s 1851 Digest, p. 564.; Ga. L. 1855-56, p. 233, § 4; Code 1863, § 2991; Code 1868, § 3004; Code 1873, § 3059; …

Actions for the recovery of personal property, or for damages for the conversion or destruction of the same, shall be brought within four years after the right of action accrues, and actions involving the unauthorized cutting or cutting and carrying away of timber from the proper…

Georgia, 228 Fed. Appx. 851, 2007 U.S. App. LEXIS 8005 (11th Cir. 2007). Claims under 42 U.S.C. § 1981. — Employee’s race discrimination claims against an employer under 42 U.S.C. § 1981, based on a failure to promote, were barred by the applicable two-year limitations period of …

(a)(1) As used in this subsection, the term “childhood sexual abuse” means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18 years of age and which would be in violation of: (A) Rape, as prohibited in Code Section 16-6-1; (B) …

This article shall not apply to actions for medical malpractice as defined in Code Section 9-3-70. History. Code 1933, § 3-718, enacted by Ga. L. 1976, p. 1363, § 2.

An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the “Uniform Voidable Transactions Act,” shall be brought within the applicable period set out in Code Section 18-2-79. History. Code 1981, § 9-3-35, enacted by Ga. L. 2002…

(a) In no event may claims against a decedent’s estate that arose before the death of the decedent be brought more than six years after the date of the decedent’s death. (b) Subsection (a) of this Code section is intended to create a six-year statute of ultimate repose and abroga…

As used in this article, the term: (1) “Person” means an individual, corporation, partnership, business trust, unincorporated organization, association, or joint-stock company. (2) “Substantial completion” means the date when construction was sufficiently completed, in accordance…

(a) No action to recover damages: (1) For any deficiency in the survey or plat, planning, design, specifications, supervision or observation of construction, or construction of an improvement to real property; (2) For injury to property, real or personal, arising out of any such de…

The limitation prescribed by this article shall not be asserted as a defense by any person who would otherwise be entitled to its benefits but who is in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency of such an improv…

As used in this article, the term “action for medical malpractice” means any claim for damages resulting from the death of or injury to any person arising out of: (1) Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by a person au…

Radiology Servs., 206 Ga. App. 851, 426 S.E.2d 663, 1992 Ga. App. LEXIS 1809 (1992), cert. denied, No. S93C0582, 1993 Ga. LEXIS 298 (Ga. Mar. 18, 1993). Patient’s cause of action for medical malpractice related to a doctor’s failure to diagnose dislocated bones in the patient’s f…

The limitations of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient’s body, but in such a case an action shall be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code section, the…

(a) Except as provided in this Code section, the disabilities and exceptions prescribed in Article 5 of this chapter in limiting actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice. (b) Notwithstanding Article…

(a) Individuals who are legally incompetent because of intellectual disability or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. (b) Except …

If any person suffers a disability specified in Code Section 9-3-90 after his right of action has accrued and the disability is not voluntarily caused or undertaken by the person claiming the benefit thereof, the limitation applicable to his cause of action shall cease to operate d…

The time between the death of a person and the commencement of representation upon his estate or between the termination of one administration and the commencement of another shall not be counted against his estate in calculating any limitation applicable to the bringing of an ac…

The time between the death of a person and the commencement of representation upon his estate or between the termination of one administration and the commencement of another shall not be counted against creditors of his estate, provided that such time does not exceed five years. …

Unless otherwise provided by law, if a defendant removes from this state, the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor. History. Laws 1805, Cobb’s 1851 Digest, p. 564.; Laws 1806, Cobb’s 1851 Digest, p. 565.; Law…

Where there is a joint right of action and one or more of the persons having the right is under any of the disabilities specified in Code Section 9-3-90, the terms of limitation shall not be computed against the joint action until all the disabilities are removed. However, if the …

If the defendant or those under whom he claims are guilty of a fraud by which the plaintiff has been debarred or deterred from bringing an action, the period of limitation shall run only from the time of the plaintiff’s discovery of the fraud. History. Ga. L. 1855-56, p. 233, § 3…

The limitations of time within which various actions may be commenced and pursued within this state to enforce the rights of the parties are extended, only insofar as the enforcement of rights which may be instituted by way of counterclaim and cross-claim, so as to allow parties,…

(a) The periods of limitation for bringing an action for medical malpractice as provided in Code Sections 9-3-71 and 9-3-72 shall be tolled if: (1) The injured person or his duly appointed attorney makes a request by certified or registered mail or statutory overnight delivery, re…

This article shall apply to tort actions as well as actions on contracts. History. Orig. Code 1863, § 2993; Code 1868, § 3006; Code 1873, § 3061; Code 1882, § 3061; Civil Code 1895, § 3901; Civil Code 1910, § 4498; Code 1933, § 3-1005.

The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from…

A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party’s own handwriting or subscribed by him or someone authorized b…

No promise made after discharge in bankruptcy to pay a debt provable in bankruptcy from the liability of which the debtor has been discharged shall be valid or binding upon the debtor or promisor unless the same is made in writing and signed by the party making the same or to be …

A payment entered upon a written evidence of debt by the debtor or upon any other written acknowledgment of the existing liability shall be equivalent to a new promise to pay. History. Orig. Code 1863, § 2876; Code 1868, § 2884; Code 1873, § 2935; Code 1882, § 2935; Civil Code 18…

A new promise shall revive or extend the original liability; it shall not create a new one. History. Orig. Code 1863, § 2877; Code 1868, § 2885; Code 1873, § 2936; Code 1882, § 2936; Civil Code 1895, § 3790; Civil Code 1910, § 4386; Code 1933, § 3-904.

In cases of joint or joint and several contracts, a new promise by one of the contractors shall operate only against the promisor. History. Ga. L. 1855-56, p. 233, § 27; Code 1863, § 2879; Code 1868, § 2887; Code 1873, § 2938; Code 1882, § 2938; Civil Code 1895, § 3792; Civil Cod…

Written promise following discharge in bankruptcy. Payment or written acknowledgment equivalent to new promise. Effect of new promise. Whom new promise by joint contractor binds. Effect of new promise by partner. Time limitation on bringing of actions by common carriers for recov…

Limitations on recovery for deficiency in planning, supervising, or constructing improvement to realty or for resulting injuries to property or person. Limitation not available to owner or tenant. Period of limitations not extended. Article 4 Limitations for Malpractice Actions 9-…