2021 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 5 - Tolling of Limitations
§ 9-3-96. Tolling of Limitations for Fraud of Defendant

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.

(Ga. L. 1855-56, p. 233, § 30; Code 1863, § 2872; Code 1868, § 2880; Code 1873, § 2931; Code 1882, § 2931; Civil Code 1895, § 3785; Civil Code 1910, § 4380; Code 1933, § 3-807.)

- Barring of actions in equity due to laches, § 23-1-25.

- For article, "A Comprehensive Analysis of Georgia RICO," see 9 Ga. St. U.L. Rev. 537 (1993). For annual survey article discussing trial practice and procedure, see 51 Mercer L. Rev. 487 (1999). For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009). For annual survey on zoning and land use law, see 61 Mercer L. Rev. 427 (2009). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 66 Mercer L. Rev. 231 (2014). For annual survey of tort laws, see 67 Mercer L. Rev. 237 (2015). For annual survey on trial practice and procedure, see 67 Mercer L. Rev. 257 (2015). For annual survey on product liability, see 69 Mercer L. Rev. 231 (2017). For case note, "Lynch v. Waters: Tolling Georgia's Statute of Limitations for Medical Malpractice," see 38 Mercer L. Rev. 1493 (1987). For note, "Forty-Eight States are Probably Not Wrong: An Argument for Modernizing Georgia's Legal Malpractice Statute of Limitations," see 33 Ga. St. U.L. Rev. 805 (2017). For comment on Saffold v. Scarborough, 91 Ga. App. 628, 86 S.E.2d 649 (1955), see 18 Ga. B.J. 79 (1955). For comment on Clinton v. State Farm Mut. Auto. Ins. Co., 110 Ga. App. 417, 138 S.E.2d 687(1964), see 1 Ga. St. B.J. 553 (1965).

ANALYSIS

• General Consideration
• Fraud Defined
• Relationship of Parties
• Application

RESEARCH REFERENCES

Am. Jur. 2d.

- 37 Am. Jur. 2d, Fraud and Deceit, § 342 et seq. 51 Am. Jur. 2d, Limitation of Actions, §§ 179, 183 et seq., 215.

Proving Fraudulent Concealment to Toll Statutory Limitations Periods, 32 POF3d 129.

- 54 C.J.S., Limitation of Actions, §§ 58, 341, 345 et seq.

- Applicability of nonclaim statute in case of misappropriation or fraudulent breach of trust by decedent, 41 A.L.R. 169.

When statute of limitations or laches commences to run against action to set aside conveyance or transfer in fraud of creditors, 76 A.L.R. 864; 100 A.L.R.2d 1094.

Fraud of judgment debtor in concealing assets or misrepresenting his financial condition as affecting failure to issue execution or revive judgment within the statutory period or as ground of action for fraud and deceit causing loss of legal remedy on the judgment, 104 A.L.R. 214.

Time when limitation commences to run against action at law or in equity based on fraud inducing execution of contract or conveyance as affected by time when actual damages resulted, 110 A.L.R. 1178.

When action considered to be one on contract rather than one for fraud as regards statute of limitations, 114 A.L.R. 525.

Concealment of fact that party to contract was acting for undisclosed principal as fraud which will toll statute of limitations, 114 A.L.R. 864.

Time when statute of limitation commences to run in favor of indorser of paper upon which prior indorsement was forged, 117 A.L.R. 1164.

Presumption and burden of proof as to discovery of mistake or fraud for purposes of statutory provision or rule that limitation does not begin to run against action based on mistake or fraud, until discovery of the mistake or fraud, 118 A.L.R. 1002.

Expiration of time within which action could have been brought on original cause of action, if not released, as bar to action which seeks to avoid release because of fraud or mistake and recover on original cause or for loss of value of original cause, 120 A.L.R. 1500.

Nonexhaustion of other legal remedies that might obviate, or make certain amount of, actual damage from fraud as suspending running of limitation against action based on fraud, 128 A.L.R. 762.

Public records as notice of facts starting running of statute of limitations against action based on fraud, 137 A.L.R. 268.

When statute of limitations commences to run against action based on fraud in construction, repair, or equipment of building, 150 A.L.R. 778.

Insurer's denial of liability as suspending running of statute of limitation or limitation provision of policy, 171 A.L.R. 577.

Pleading avoidance of delay in discovery of fraud in order to toll statute of limitations, 172 A.L.R. 265.

What constitutes concealment which will prevent running of statute of limitations, 173 A.L.R. 576.

Right of creditor to set aside transfer of property as fraudulent as affected by the fact that his claim is barred by statute of limitation, 14 A.L.R.2d 598.

When statute of limitations commences to run against malpractice action against physician, surgeon, dentist, or similar practitioner, 80 A.L.R.2d 368; 70 A.L.R.3d 7.

When statute of limitations or laches commences to run against action to set aside fraudulent conveyance or transfer in fraud of creditors, 100 A.L.R.2d 1094.

Application of statute of limitations to damage actions against public accountants for negligence in performance of professional services, 26 A.L.R.3d 1438.

Fraud and deceit: liability in damages for preventing bringing of action before its being barred by statute of limitations, 33 A.L.R.3d 1077.

Fraud, misrepresentation, or deception as estopping reliance on statute of limitations, 43 A.L.R.3d 429.

Agreement of parties as estopping reliance on statute of limitations, 43 A.L.R.3d 756.

Promises to settle or perform as estopping reliance on statute of limitations, 44 A.L.R.3d 482.

Plaintiff's diligence as affecting his right to have defendant estopped from pleading the statute of limitations, 44 A.L.R.3d 760.

When statute of limitations commences to run against malpractice action based on leaving foreign substance in patient's body, 70 A.L.R.3d 7.

Statute of limitations: running of statute of limitations on products liability claim against manufacturer as affected by plaintiff's lack of knowledge of defect allegedly causing personal injury or disease, 91 A.L.R.3d 991.

When statute of limitations begins to run upon action against attorney for malpractice, 32 A.L.R.4th 260.

Application of statute of limitations to actions for breach of duty in performing services of public accountant, 7 A.L.R.5th 852.

When statute of limitations begins to run upon action against attorney for legal malpractice - deliberate wrongful acts or omissions, 67 A.L.R.5th 587.

Attorney malpractice - tolling or other exceptions to running of statute of limitations, 87 A.L.R.5th 473.