Feb 23

Georgia Statutes of Limitation

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Below is a summary of the statute of limitation periods for common civil and criminal causes of action in the state of Georgia. Statutes of limitations set forth the time period within which a plaintiff (or the state) must commence a case. Claims are barred after the applicable limitation period has passed. Determining when the statute of limitations expires is extremely important – it’s one of the very first things your lawyer should do for you.

Georgia Statutes of Limitation (Civil)

Breach of Contract (Written): 6 years

Breach of Contract (Oral): 4 years

Personal Injury: 2 years*

Property Damage: 4 years

* minors and persons who are legally incompetent at the time of the event causing injury are entitled to have the statute of limitation “tolled” until the person becomes an adult or the legal incompetence no longer exists. O.C.G.A. § 9-30-90. If a person suffers a disability that causes legal incompetence after her or his right of action accrues and the disability was not voluntarily caused, the statute of limitations may be tolled during the disability. O.C.G.A. § 9-3-91.

Georgia Statutes of Limitation (Criminal)

Murder: No statute of limitations

Crimes punishable by death or life imprisonment: within seven years after the commission of the crime

Rape: within 15 years after the commission of the crime

Other felonies: within four years after the commission of the crime

Misdemeanors: within two years after the commission of the crime

Felonies against victims under the age of 18 years: within seven years after the commission of the crime

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