2025 Code of Georgia
Title 9 - Civil Practice (Chs. 1 — 17)
Chapter 3 - Limitations of Actions (Arts. 1 — 6)
Article 1 - General Provisions (§§ 9-3-1 — 9-3-7)

Annotations

JUDICIAL DECISIONS

Statutes of limitations are intended to embrace all causes of action not specially excepted from operations and should not be so construed as to defeat that object. Trust Co. Bank v. Union Circulation Co., 241 Ga. 343, 245 S. E.2d 297, 1978 Ga. LEXIS 940 (1978).

Courts cannot engraft on statutes of limitations exceptions not contained therein, however inequitable enforcement of statute, without such exceptions, may be. Harrison v. Holsenbeck, 208 Ga. 410, 67 S. E.2d 311, 1951 Ga. LEXIS 395 (1951).

Except as provided therein, statutes of limitations should not be evaded, as they are considered beneficial and resting in principles of sound public policy. Harrison v. Holsenbeck, 208 Ga. 410, 67 S. E.2d 311, 1951 Ga. LEXIS 395 (1951).

Statute of limitations begins to run on any given claim on the date claim accrues, in other words, on the date that action on the claim can first be brought. Hoffman v. Insurance Co. of N. America, 241 Ga. 328, 245 S. E.2d 287, 1978 Ga. LEXIS 950 (1978).

Period within which action may be brought is measured from date upon which the plaintiff could have successfully maintained the action. Jankowski v. Taylor, Bishop & Lee, 246 Ga. 804, 273 S. E.2d 16, 1980 Ga. LEXIS 1287 (1980).

Bar of statute of limitations is a personal privilege and is not available to the defendant unless specially asserted. Burch v. Wofford-Terrell Co., 52 Ga. App. 685, 184 S. E. 419, 1936 Ga. App. LEXIS 221 (1936).

In this state, statutes of limitations are remedial and procedural, rather than substantive; hence, courts in this state apply state statutes of limitations even when substantive law of another jurisdiction controls. Cash v. Armco Steel Corp., 462 F. Supp. 272, 1978 U. S. Dist. LEXIS 13893 (N. D. Ga. 1978).

When Congress creates a federal right without prescribing a period for enforcement, the applicable period of limitations is that which the state itself would enforce had the action seeking similar relief been brought in a court of that state. United States v. Georgia Power Co., 474 F.2d 906, 1973 U. S. App. LEXIS 11611 (5th Cir. 1973).

In cases involving violation of antitrust statutes, Georgia statutes of limitations apply; federal authorities, however, determine the question as to when cause of action accrued. Service Stages, Inc. v. Greyhound Corp., 170 F. Supp. 482, 1959 U. S. Dist. LEXIS 3741 (D. Ga.), aff'd, 268 F.2d 739, 1959 U. S. App. LEXIS 5337 (5th Cir. 1959).

One who purchases land covered by a mortgage acquires such a privity of relationship to the debtor as to entitle the purchaser to plead statute of limitations against mortgagee, so far as the subjection of the land itself is sought, whether the mortgagor pleads it or omits to plead it. Krauss v. National Bank, 184 Ga. 456, 192 S. E. 12, 1937 Ga. LEXIS 564 (1937).

Research References & Practice Aids

Depreciation in market value of land as affecting the general rule that cause of action arises when injury is inflicted, and not when cause is created, 3 A. L. R. 682.

Statutory or contractual limitation where presumption of death of the insured from seven years’ absence is relied upon, 34 A. L. R. 91; 61 A. L. R. 686; 119 A. L. R. 1308.

“De minimis non curat lex,” 44 A. L. R. 168.

Reasonableness of period allowed for existing causes of action by statute reducing period of limitation, 49 A. L. R. 1263; 120 A. L. R. 758.

Right of foreign corporation to plead statute of limitations, 59 A. L. R. 1336; 122 A. L. R. 1194.

State statute of limitations as affecting action or proceeding by federal government or its officials, 61 A. L. R. 412.

Construction of statutes of limitation as regards their retrospective application to causes of action already barred, 67 A. L. R. 297.

Construction, application, and effect of statute of forum which admits bar of statute of limitation of other state, 75 A. L. R. 203; 149 A. L. R. 122.

When statute of limitations commences to run against action for breach of warranty on sale of chattels, 75 A. L. R. 1086.

Applicability of statutes of limitation to defenses, 78 A. L. R. 1074.

Anticipatory breach of executory contract as starting running of statute of limitations, 94 A. L. R. 455.

Applicability of statute of nonclaim or limitation statute as between surviving partner and estate of deceased partner, 96 A. L. R. 441; 157 A. L. R. 1114.

Bar of statute of limitations against debt secured by pledge as affecting rights and remedies in respect of the subject of the pledge, 103 A. L. R. 430; 137 A. L. R. 928.

Right of subrogation in respect of encumbrances paid by third person under mistake or in order to protect his interest in property as affected by statute of limitations or laches, 103 A. L. R. 1182.

Time limitation as to filing of claims against insolvent as affected by excuses, and the nature of such excuses, 109 A. L. R. 1404.

Liability of automobile liability or indemnity insurer as affected by statute of limitations against action based on insured’s tort, 111 A. L. R. 1069.

Acceleration provision in respect of special assessments as affecting running of statute of limitations, 113 A. L. R. 1168.

Amendment of complaint or declaration by setting up death statute after expiration of period to which action is limited by the death statute or by the statute of limitations, 134 A. L. R. 779.

Running of statute of limitations as affected by uncertainty as to existence of a cause of action because of delay in settling or determining a matter of general or governmental concern upon which it depends, 135 A. L. R. 1339.

When statute of limitations commences to run against action by principal to recover money or other property from agent, 141 A. L. R. 361.

Amendment of pleading after limitation period changing from allegation of negligence to allegation of fraud, or vice versa, as stating a new cause of action, 141 A. L. R. 1363.

Employer’s breach of agreement regarding discharge or restoration after layoff of employee not employed for a fixed term, as creating a single cause of action, or repeated causes of action, as regards statute of limitation or the right to bring successive actions, 142 A. L. R. 797.

Validity and construction of war enactment in United States suspending operation of statute of limitations, 143 A. L. R. 1519.

Limitation applicable to cause of action created by statute of another state which allows a longer period than the statute of the forum, 146 A. L. R. 1356.

Right of action to recover from owner taxes which plaintiff, by mistake, paid upon the former’s property, as subject to statutes of limitation, 147 A. L. R. 457.

Applicability to limitation prescribed by policy of insurance, or by special statutory provision in relation to insurance, of provisions of statute of limitations extending time or fixing time when action deemed commenced, 149 A. L. R. 483.

Public records as constructive notice as regards action predicated upon fraudulent misrepresentation or concealment, so as to start the running of the statute of limitations against the bringing of such action, 152 A. L. R. 461.

Mandamus as subject to statute of limitations, 155 A. L. R. 1144.

Statute of limitations or presumption of payment from lapse of time as ground for affirmative relief from debt or lien, 164 A. L. R. 1387.

Amendment after limitation period of allegations of negligence as stating new cause of action, 171 A. L. R. 1087.

Validity of contractual waiver of statute of limitations, 1 A. L. R.2d 1445.

Limitation period as affected by requirement of notice or presentation of claim against governmental body, 3 A. L. R.2d 711.

Inclusion or exclusion of first and last day for purposes of statute of limitations, 20 A. L. R.2d 1249.

Reviving, renewing, or extending judgment by order entered after expiration of statutory limitation period on motion made or proceeding commenced within such period, 52 A. L. R.2d 672.

Construction, application, and effect, with reference to statutory causes of action, of statute of forum which admits bar of statute of limitations of other state, 67 A. L. R.2d 216.

Right of creditor to set up statute of limitations against other creditors of his debtor, 71 A. L. R.2d 1049.

Validity, and applicability to causes of action not already barred, of a statute enlarging limitation period, 79 A. L. R.2d 1080.

General appearance as avoiding otherwise effective bar of statute of limitations, 82 A. L. R.2d 1200.

Federal court’s adoption of state period of limitation, in action to enforce federally created right, as including related or subsidiary state laws or rules as to limitations, 90 A. L. R.2d 265.

Extraterritorial operation of limitation applicable to statutory cause of action, other than by reason of “borrowing statute,” 95 A. L. R.2d 1162.

Validity of contractual time period, shorter than statute of limitations, for bringing action, 6 A. L. R.3d 1197.

Statute of limitations: effect of delay in appointing administrator or other representative on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A. L. R.3d 1141.

Fiduciary or confidential relationship as affecting estoppel to plead statute of limitations, 45 A. L. R.3d 630.

Delay caused by other litigation as estopping reliance on statute of limitations, 45 A. L. R.3d 703.

Validity of contractual provision establishing period of limitations longer than that provided by state statute of limitations, 84 A. L. R.3d 1172.

Statute of limitations as bar to arbitration under agreement, 94 A. L. R.3d 533.

Statutes of limitation: actions by purchasers or contractees against vendors or contractors involving defects in houses or other buildings caused by soil instability, 12 A. L. R.4th 866.

When statute of limitations commences to run on automobile no-fault insurance personal injury claim, 36 A. L. R.4th 357.

What constitutes rejection of claim against estate to commence running of statute of limitations applicable to rejected claims, 36 A. L. R.4th 684.

Which statute of limitations applies to efforts to compel arbitration of a dispute, 77 A. L. R.4th 1071.

Time when cause of action accrues for civil action under state antitrust, monopoly, or restraint of trade statutes, 90 A. L. R.4th 1102.

What statute of limitations applies to action to compel arbitration pursuant to § 301 of Labor Management Relations Act (29 USCS § 185), 96 A. L. R. Fed. 378.

O. C. G. A. Title 9

O. C. G. A. Title 9, Ch. 3