What Is the Statute of Limitations in Georgia?

A statute of limitations is a law that places a time frame within which a person still has the right to pursue a legal claim or initiate a legal proceeding in Georgia. Upon the expiration of an applicable statute of limitations, a case stands dismissed, and parties forfeit the right to initiate or pursue further legal actions.

In Georgia, statutes of limitation exist to ensure that any ensuing legal action is prosecuted fairly while credible witness testimonies and evidence are still obtainable. Time limits imposed by statutes of limitations vary depending on the type and severity of the case.

How Long Is the Statute of Limitations in Georgia?

Prosecutors and plaintiffs have up to the expiration of the statute of limitations applicable to their case to file a lawsuit or pursue a legal claim. The time limits for filing a lawsuit in Georgia vary with cases, usually with respect to the severity of the case in question.

The statute of limitations for civil claims varies between 2 years (e.g., personal injury, wrongful death, and medical malpractice) and 4 years (e.g., trespassing, personal property damage, and debt collection).

Criminal cases have the same time limit of 2 to 4 years, except for serious felonies, where the statute of limitations extends to 7 years. There is no statute of limitations for certain felonies, such as murder, kidnapping, rape, armed robbery, and certain sexual crimes against victims younger than 16. Note that the statute of limitations does not run while the crime is unknown, a suspect’s identity is unknown, or the suspect is not a resident of Georgia.

What Crimes Have No Statute of Limitations in Georgia

Georgia law recognizes certain crimes as extremely severe and consequently exempts them from any statute of limitations. This means that plaintiffs or prosecutors are allowed to file them regardless of how many years have passed since their commission, especially if DNA evidence proves that a defendant committed the crime.

Common factors considered while classifying such crimes include the severity of harm to the victim and the high moral culpability of the offender. Crimes that can be prosecuted at any time in Georgia include:

• Murder
• Sodomy
• Aggravated child molestation
• Manslaughter
• Kidnapping
• Rape
• Armed robbery
• Aggravated sexual battery
• Enticing a child for indecent purposes
• Incest aganist a child

Criminal Statute of Limitations in Georgia

Criminal statute of limitations in Georgia allows a “tolling” period within which the applicable time limit does not begin to count. Typical scenarios include, but are not limited to, the following:

• The crime or identity of the suspect is unknown
• The accused is not a Georgia resident
• The defendant is a government officer or employee charged with theft by conversion of public property
• The defendant is a trustee or guardian charged with theft by conversion of property of beneficiary or ward
• If the victim is under the age of 16 at the time of the offense, the statute of limitations tolls pending when they reach the age of 16 or the violation is reported to or discovered by law enforcement, whichever occurs earlier
• If the victim is age 65 or older at the time of the offense, the statute of limitations tolls until the violation is reported to or discovered by law enforcement or the prosecuting attorney

Where any of the above scenarios do not apply, misdemeanor charges must be filed within 2 years from the date of the offense. While felony time limits in Georgia typically range between 4 and 7 years, certain severe cases, like rape, may extend up to 15 years.

Some examples of criminal statute time limits in Georgia are in the table below:

Is There a Statute of Limitations on Attempted Murder?

Georgia law classifies attempted murder as a felony offense that is punishable by life imprisonment or death although it does not specify a statute of limitations. Regardless, crimes punishable by death or life imprisonment have a 7-year statute of limitation and this time limit may apply to attempted murder. Murder, on the other hand, has no statute of limitation.

Statute of Limitations on Sexual Assault in Georgia

Sexual assault statute of limitations in Georgia depends on several factors, such as the age of the victim, the type of abuse, and when the assault took place. For sexual assaults committed between July 1, 1991, and June 30, 2012, in which the victim was less than 16 years old at the time of the assault, a 7-year statute of limitations applies (O.C.G.A. Section 17-3-1). This time limit does not begin to count until the victim turns age 16 or the crime is discovered or reported to law enforcement, whichever occurs earlier.

For assaults committed against an under-16 victim after June 30, 2012, there is no statute of limitations. Regardless of the victim’s age, if DNA evidence was used to establish the accused’s involvement in sexual offenses like rape, aggravated child molestation, aggravated sexual battery, and aggravated sodomy, there is no statute of limitations. If the assault was not committed against a minor and there are no aggravating circumstances, the time for filing sexual abuse claims in Georgia is 15 years.

Civil Statute of Limitations in Georgia

Statutes of limitations also impose civil lawsuit deadlines in Georgia, upon whose expiration, a person (the plaintiff) no longer has the right to file a civil claim or lawsuit on a particular matter. Note that certain circumstances may result in the tolling of the statute. Civil statutes of limitations typically range between 1 and 5 years, depending on the case.

The table below outlines civil statute of limitations Georgia:

Statute of Limitations for Medical Malpractice in Georgia

Under O.C.G.A. § 9-3-97.1, the statute of limitations for medical malpractice is 2 years after the date on which a death or injury arising from a wrongful act or negligence occurred. However, Georgia also has a statute of repose that permits the extension of the statute of limitations to a maximum of 5 years. The statute of repose compensates for cases in which the negligence was not and could not have been discovered within the original 2-year window. O.C.G.A. § 9-3-97.1 further outlines circumstances that may toll the medical malpractice statute of limitations in Georgia.

Statute of Limitations for Debt in Georgia

The statute of limitations for debt in Georgia is 4 to 6 years: 4 years for credit card, open accounts, and oral contract debts, and 6 years for written contract debts (O.C.G.A.§ 9-3-25, § 9-3-24, and § 9-12-60). The time limit on a debt begins to count from the date of the last action taken regarding the debt, including any installments paid. After the expiration of the statute of limitation, the creditor loses the right to obtain the debt through legal action.

Note that the debt statute of limitation in Georgia may restart if the debtor makes any payment with regards the debt, even after the time limit has expired.

The table below is an overview of the state’s debt statute of limitations.

Statute of Limitations for Child Abuse and Child Support in Georgia

While Georgia has no statute of limitations on sexual abuse against a child, physical abuse victims have a 2-year statute of limitations–which tolls until they turn age 18. For crimes committed against a child (less than age 16) between July 1, 1992, and June 30, 2012, the statute of limitations is 7 years. For cases that occur after June 30, 2012, legal action can be taken at any time, as there are no statutes of limitations.

There is no statute of limitations on collecting overdue child support in Georgia. This also applies to all due interests. Child support payments can be enforced through the state’s Division of Child Support Services (DCSS). If a parent does not obey the support order, they may be found in contempt of court, and a contempt action may be filed against them. This may result in jail, a fine, or both. Additional ways to enforce the child support order include:

• Withholding due amounts from paychecks or compensation benefits
• Intercepting lottery winnings when they exceed $2,500
• Filing of liens to seize real or personal properties and matched bank accounts
• Offsetting income tax refunds