Statute of Limitations by StateFiling deadlines · cited to statute

Georgia · civil and criminal deadlines

Statute of limitations: Georgia

Georgia gives 2 years for personal injury and wrongful death, 4 years for property damage and oral contracts, 6 years for written contracts and 1 year for defamation. A claim against a Georgia city needs written ante litem notice within 6 months; against a county, 12 months.

Statute of Limitations by State editorial teamUpdated 14 sources

Deadline calculator

Georgia statute of limitations calculator

Enter the date your claim arose to get the last day to file under Official Code of Georgia Annotated (O.C.G.A.).

Discovered later, a minor, or a government defendant
Is the defendant a government body?
Example

Georgia · Personal injury: file no later than

Friday, January 22, 2027

  • Limitation period2 years · O.C.G.A. § 9-3-33
  • Clock startedJanuary 22, 2025 (the date the claim arose)
  • Loss of consortium claims have 4 years (§ 9-3-33). For a victim of an alleged crime, the period is tolled while the criminal prosecution is pending, up to 6 years (§ 9-3-99).

The calculator adds the state’s period to the start date by the anniversary method and flags weekends and federal holidays. It does not know every exception: accrual, tolling and claim type are legal questions. General information, not legal advice; see the legal disclaimer.

Georgia statute of limitations by claim

In Georgia you generally have 2 years to sue for personal injury, 4 years for property damage, 6 years on a written contract and 4 years on an oral one, but only 1 year for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.

Georgia statutes of limitations for civil claims (checked November 2026)
ClaimDeadlineStatute
Personal injury2 yearsO.C.G.A. § 9-3-33Loss of consortium claims have 4 years (§ 9-3-33). For a victim of an alleged crime, the period is tolled while the criminal prosecution is pending, up to 6 years (§ 9-3-99).
Medical malpractice2 yearsO.C.G.A. § 9-3-71(a)Repose: 5 years from the negligent act or omission (§ 9-3-71(b)) Foreign object left in the body: 1 year from discovery, and the 2-year and 5-year limits do not apply (§ 9-3-72). Children injured before age 5 have until their 7th birthday, with an outer limit of the 10th birthday (§ 9-3-73).
Wrongful death2 yearsO.C.G.A. § 9-3-33The time between death and the opening of the decedent's estate (up to 5 years) is not counted against the estate's claims (§ 9-3-92). Crime-victim tolling under § 9-3-99 can also apply.
Property damage4 yearsO.C.G.A. § 9-3-31Recovery of personal property, conversion or destruction is also 4 years (§ 9-3-32); trespass or damage to real property is 4 years (§ 9-3-30).
Written contract6 yearsO.C.G.A. § 9-3-24Contracts under seal: 20 years (§ 9-3-23). Sales of goods follow the UCC's 4-year rule (§ 11-2-725), not § 9-3-24.
Oral contract4 yearsO.C.G.A. § 9-3-25Also covers implied promises and contracts not signed by the party to be charged.
Credit card / account debt4 yearsO.C.G.A. § 9-3-25§ 9-3-25 names open accounts expressly. A creditor that proves a signed written credit agreement may argue for the 6-year written-contract period (§ 9-3-24). A new promise or acknowledgment restarts the period only if it is in writing and signed by the debtor (§§ 9-3-110 to 9-3-112).
Fraud4 yearsO.C.G.A. § 9-3-31; § 9-3-96No fraud-specific statute: Georgia courts apply the 4-year period for injuries to personalty (§ 9-3-31) to fraud damages claims. When the defendant's fraud deters the plaintiff from suing, the period runs only from discovery of the fraud (§ 9-3-96).
Defamation1 yearO.C.G.A. § 9-3-33"Injuries to the reputation": same 1-year period for libel and slander.
Product liability2 yearsO.C.G.A. § 9-3-33Repose: 10 years from the first sale for use or consumption (§ 51-1-11(b)(2), (c)) Property damage from a product: 4 years (§ 9-3-31). The 10-year repose does not apply to negligence claims for products causing a disease or birth defect, or to willful, reckless or wanton conduct (§ 51-1-11(c)).

What is different in Georgia

Georgia pauses the civil clock for crime victims while the criminal case is pending, for up to 6 years, which can make an assault or DUI-crash claim timely long after 2 years. Loss of consortium claims get 4 years. The 2025 tort reform package (SB 68) left the limitation periods alone but changed when a plaintiff may dismiss and refile.

  • If you are the victim of a crime, the time limit for your related civil tort claim is paused while the criminal case is pending, for up to 6 years. (O.C.G.A. § 9-3-99)[10]
  • Defamation has only a 1-year limit in Georgia, while loss of consortium claims get 4 years, double the normal 2-year injury period. (O.C.G.A. § 9-3-33)[11]
  • The 2025 tort reform (SB 68, signed April 21, 2025) did not change limitation periods, but it now lets a plaintiff dismiss without prejudice without court approval only within 60 days after the defendant answers, which limits later refiling under the renewal statute. (O.C.G.A. § 9-11-41; SB 68 (2025))[12]
  • Medical malpractice has a hard 5-year repose; children hurt before age 5 have until their 7th birthday to sue, with an absolute cutoff at age 10. (O.C.G.A. §§ 9-3-71, 9-3-73)[13]

When the clock starts and stops

Georgia has no general statutory discovery rule. Courts apply a limited discovery rule to bodily injuries that develop over time, and fraud that deters suit tolls the period until discovery (§ 9-3-96). (O.C.G.A. § 9-3-96)

Minors. Georgia pauses the clock while the injured person is a minor: the period starts at age 18. A person under 18 when the claim accrues gets the full period after turning 18. Medical malpractice is different: minors 5 and older are bound by the normal periods, and children injured before age 5 have until their 7th birthday (repose: 10th birthday) (§ 9-3-73). Childhood sexual abuse claims: until age 23, or 2 years from discovery (§ 9-3-33.1).[6]

Other tolling. Tort claims of crime victims are tolled while the prosecution is pending, up to 6 years (§ 9-3-99); legal incompetence tolls until removed (§ 9-3-90(a)); time before an estate is opened, up to 5 years, is excluded (§ 9-3-92).

Suing the government in Georgia

Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]

Notice and suit deadlines for claims against Georgia government
DefendantDeadlineStatute
State agenciesWritten ante litem notice to the Department of Administrative Services risk management division and the agency within 12 months after the loss was or should have been discoveredSuit within 2 years after the loss was or should have been discovered (§ 50-21-27(c))O.C.G.A. § 50-21-26(a)(1)
Cities, counties and other local entitiesCities: written ante litem notice within 6 months of the event (§ 36-33-5). Counties: claim presented within 12 months after it accrues (§ 36-11-1).Suit within the ordinary limitation period for the claim (e.g. 2 years for personal injury, § 9-3-33)O.C.G.A. §§ 36-33-5, 36-11-1

Criminal statute of limitations in Georgia

Most felonies in Georgia: 4 years for most felonies (7 years if the victim was under 18); 7 years for crimes punishable by death or life imprisonment. Misdemeanors: 2 years.[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.

Georgia criminal limitation periods
OffenseTime limitStatute
Felonies4 years for most felonies (7 years if the victim was under 18); 7 years for crimes punishable by death or life imprisonmentThe period does not run while the accused is absent from the state or while the person committing the crime or the crime itself is unknown (§ 17-3-2).O.C.G.A. § 17-3-1
Misdemeanors2 yearsO.C.G.A. § 17-3-1
No time limitMurder; armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy and aggravated sexual battery when DNA evidence establishes the accused's identity; certain sex offenses against children under 16 committed on or after July 1, 2012O.C.G.A. §§ 17-3-1, 17-3-2.1
Sexual assaultAdult victim: forcible rape 15 years (no limit with DNA identification). Child victim under 16: rape, child molestation and similar offenses committed on or after July 1, 2012 may be prosecuted at any time (§ 17-3-2.1).O.C.G.A. §§ 17-3-1, 17-3-2.1
TheftNo theft-specific period: felony theft follows the 4-year felony rule and misdemeanor theft the 2-year rule, tolled while the crime or offender is unknown (§ 17-3-2).

Worked example

A T-bone crash at an Atlanta intersection on January 22, 2025: under the personal injury deadline is January 22, 2027. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2030, making the deadline September 3, 2032.

For a claim of $15,000 or less, Georgia’s small claims (Magistrate Court) is usually faster and cheaper; see our Georgia small claims court guide.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.

Frequently asked questions

How long do you have to sue for personal injury in Georgia?
2 years under O.C.G.A. § 9-3-33, usually counted from the date of the injury. Claims against a government body may need a written notice much sooner.
What is the statute of limitations on debt in Georgia?
4 years (O.C.G.A. § 9-3-25). § 9-3-25 names open accounts expressly.
Does the statute of limitations pause for minors in Georgia?
Georgia pauses the clock while the injured person is a minor: the period starts at age 18. A person under 18 when the claim accrues gets the full period after turning 18. Medical malpractice is different: minors 5 and older are bound by the normal periods, and children injured before age 5 have until their 7th birthday (repose: 10th birthday) (§ 9-3-73). Childhood sexual abuse claims: until age 23, or 2 years from discovery (§ 9-3-33.1).
What crimes have no statute of limitations in Georgia?
Murder; armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy and aggravated sexual battery when DNA evidence establishes the accused's identity; certain sex offenses against children under 16 committed on or after July 1, 2012 (O.C.G.A. §§ 17-3-1, 17-3-2.1).
What is an ante litem notice in Georgia?
A written notice that must reach a government body before you sue it: within 6 months for a city (O.C.G.A. § 36-33-5), 12 months for a county (§ 36-11-1), and 12 months for the state (§ 50-21-26).

Sources

  1. O.C.G.A. § 9-3-33: personal injury limitation period · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  2. O.C.G.A. § 9-3-71(a): medical malpractice limitation period · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  3. O.C.G.A. § 9-3-33: wrongful death limitation period · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  4. O.C.G.A. § 9-3-24: written contract limitation period · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  5. O.C.G.A. § 9-3-25: credit card / account debt limitation period · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  6. O.C.G.A. § 9-3-90(b): tolling for minors · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  7. O.C.G.A. § 50-21-26(a)(1): claims against the state · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  8. O.C.G.A. §§ 36-33-5, 36-11-1: claims against local government · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  9. O.C.G.A. § 17-3-1: criminal limitation periods · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  10. O.C.G.A. § 9-3-99 · Official Code of Georgia Annotated (O.C.G.A.), checked November 2026
  11. O.C.G.A. § 9-3-33 · Official Code of Georgia Annotated (O.C.G.A.), checked November 2026
  12. O.C.G.A. § 9-11-41; SB 68 (2025) · Official Code of Georgia Annotated (O.C.G.A.), checked November 2026
  13. O.C.G.A. §§ 9-3-71, 9-3-73 · Official Code of Georgia Annotated (O.C.G.A.), checked November 2026
  14. Georgia small claims (official court self-help) · Georgia Judicial Branch, checked November 2026