Statute of Limitations Georgia: A Complete Guide
The Chouhan Law Firm, LLC offers informative resources regarding the Statute of Limitations in Georgia. Call now to schedule an initial legal consultation!
Statute of Limitations in Georgia
If you intend to file a lawsuit in state or federal courts in America, it is important to understand the statute of limitations. Statutes of limitations in the U.S. vary from state to state and give you a limited amount of time to file a lawsuit. These laws are made to enforce justice and provide fairness to all by ensuring the integrity of evidence.
So, whether you’re dealing with criminal law, business law, or personal injury claims, this information is vital and time is of the essence. Filing a case outside the stipulated time can invalidate your claim and leave you with no other option to resolve your issues.
If your business dispute or transaction occurred a while ago and you are unsure whether you still have a case, you may benefit from establishing an attorney-client relationship with a commercial disputes lawyer in Georgia.
How Does the Statute of Limitations Work in Georgia?
The Georgia statute of limitations imposes a time limit within which you may file a case in court. The time frame varies depending on the subject matter and the circumstances surrounding the case. There’s a time limit within which to bring criminal charges, commence debt collection proceedings and seek damages in medical malpractice cases. Your lawyer can help you ascertain the time limit for your specific case.
Generally, in civil cases, the time starts counting from when the cause of action arose (that is when the action that led to the dispute occurred). Therefore, it is imperative to act quickly, particularly when the case involves businesses that could lose large sums of money if the claim is invalidated.
Statute of Limitations in Business Transactions
Business transactions are prone to disputes and disagreements. Such disputes are also subject to limitation periods which vary with the subject matter. The following is a list of some common business disputes and the limitation periods:
- The limitation period is four years for cases of default under a lease contract.
- For claims on breach of contracts of sale, the limitation period is four years.
- The limitation period for actions brought under the Fair Business Practices Act is two years.
- For claims of misappropriation of trade secrets, the limitation period is five years.
- The time limit for cases of simple contracts is six years.
This list barely scratches the surface. If you need more information on the time limit for your specific case, you may need to contact an experienced corporate attorney in Atlanta for answers.
Exceptions to Statutes of Limitations in Georgia Law
If you feel that too much time has passed after your cause of action arose and that it may be too late to seek redress in court, do not be too quick to throw in the towel. Georgia law allows for some exceptions to the statutes of limitation.
For example, where a defendant in a civil claim has fraudulently caused the plaintiff’s case to be statute barred, the time would start counting from when the plaintiff becomes aware of the fraudulent act and not when the cause of action arose.
So, before you give up on your case, seeking a lawyer’s advice is important. Your lawyer can assess the situation and determine whether you qualify for any exception under Georgia law.
Georgia law also allows parties to reduce or extend the time limits by contract. This could be helpful in commercial transactions where lots of money is involved. Before disputes arise, you can be proactive and include such clauses in your contract to benefit you, with your lawyer’s help.
Don’t Get Caught By the Statute of Limitations, Georgia! Get Help From The Chouhan Law Firm, LLC
If you have further questions on Georgia Corporate Law and how the statute of limitations may apply to your case, we are here to help. We’d be glad to discuss and help you find legal solutions for your business disputes. Call us today at (678) 981-5252 to schedule an appointment with a small business attorney Atlanta. We’d love to hear from you.