2020 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 5 - Tolling of Limitations
§ 9-3-94. Removal of Defendant From State

Universal Citation: GA Code § 9-3-94 (2020)

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.

(Laws 1805, Cobb's 1851 Digest, p. 564; Laws 1806, Cobb's 1851 Digest, p. 565; Laws 1817, Cobb's 1851 Digest, p. 567; Laws 1839, Cobb's 1851 Digest, p. 568; Ga. L. 1851-52, p. 239, § 1; Ga. L. 1855-56, p. 233, § 23; Code 1863, § 2870; Code 1868, § 2878; Code 1873, § 2929; Code 1882, § 2929; Civil Code 1895, § 3783; Civil Code 1910, § 4378; Code 1933, § 3-805.)


Am. Jur. 2d.

- 51 Am. Jur. 2d, Limitation of Actions, § 190 et seq.


- 54 C.J.S., Limitations of Actions, §§ 271, 301.


- Provision in statute of limitations as to absence from state as applied to a nonresident individual who has an office or place of business in the state, 61 A.L.R. 391.

Provision suspending limitations while defendant is a nonresident or without the state as affected by nonresidence of party asserting cause of action, 83 A.L.R. 271.

Nonresidence or absence of defendant from state as suspending or tolling statute of limitations, where relief is sought, or could have been sought, by an action or proceeding in rem or quasi in rem, 119 A.L.R. 331.

Withdrawal of foreign corporation from state as tolling statute of limitations as to action against corporation, 133 A.L.R. 774.

Provision of statute of limitation excluding period of absence of debtor or defendant from state as applicable to action on liability or cause of action accruing out of state, 148 A.L.R. 732.

Right to enter judgment by confession as affecting suspension of statute of limitations during absence of debtor from state, 172 A.L.R. 997.

Provision of statute of limitations excluding period of defendant's absence from the state as applicable to a local cause of action against individual who was a nonresident when the same arose, 17 A.L.R.2d 502.

Absence of judgment debtor from state as suspending or tolling running of period of limitations as to judgment, 27 A.L.R.2d 839.

Tolling of statute of limitations during absence from state as affected by fact that party claiming benefit of limitations remained subject to service during absence or nonresidence, 55 A.L.R.3d 1158.

What constitutes "fleeing from justice" within meaning of 18 USCA § 3290 which provides that no statute of limitations shall extend to persons fleeing from justice, 148 A.L.R. Fed. 573.

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