§ 9-3-93. Five-Year Tolling for Unrepresented Estate — in Favor of Creditors
The time between the death of a person and the commencement of representation upon his estate or between the termination of one administration and the commencement of another shall not be counted against creditors of his estate, provided that such time does not exceed five years. At the expiration of the five years the limitation […]
§ 9-3-94. Removal of Defendant From State
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. History. Laws 1805, Cobb’s 1851 Digest, p. 564; Laws 1806, Cobb’s 1851 Digest, p. 565; Laws 1817, Cobb’s 1851 Digest, p. […]
§ 9-3-95. Disability of One or More With Joint Right of Action; Effect of Severability
Where there is a joint right of action and one or more of the persons having the right is under any of the disabilities specified in Code Section 9-3-90, the terms of limitation shall not be computed against the joint action until all the disabilities are removed. However, if the action is severable so that […]
§ 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. History. Ga. L. 1855-56, p. 233, § 30; Code 1863, § […]
§ 9-3-97. Limitations Extended for Counterclaims and Cross-Claims
The limitations of time within which various actions may be commenced and pursued within this state to enforce the rights of the parties are extended, only insofar as the enforcement of rights which may be instituted by way of counterclaim and cross-claim, so as to allow parties, up to and including the last day upon […]
§ 9-3-97.1. Tolling of Limitations for Medical Malpractice
The periods of limitation for bringing an action for medical malpractice as provided in Code Sections 9-3-71 and 9-3-72 shall be tolled if: The injured person or his duly appointed attorney makes a request by certified or registered mail or statutory overnight delivery, return receipt requested, upon any physician, hospital, or other health care provider […]
§ 9-3-98. Applicability of Article
This article shall apply to tort actions as well as actions on contracts. History. Orig. Code 1863, § 2993; Code 1868, § 3006; Code 1873, § 3061; Code 1882, § 3061; Civil Code 1895, § 3901; Civil Code 1910, § 4498; Code 1933, § 3-1005. Law reviews. For article, “A Comprehensive Analysis of Georgia RICO,” […]
§ 9-3-99. Tolling of Limitations for Tort Actions While Criminal Prosecution Is Pending
The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the […]
§ 9-3-90. Individuals Under Disability or Imprisoned When Cause of Action Accrues
Individuals who are legally incompetent because of intellectual disability or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. Except as otherwise provided in Code Section 9-3-33.1, individuals who are less […]
§ 9-3-91. Disabilities Suffered After Accrual of Cause
If any person suffers a disability specified in Code Section 9-3-90 after his right of action has accrued and the disability is not voluntarily caused or undertaken by the person claiming the benefit thereof, the limitation applicable to his cause of action shall cease to operate during the continuance of the disability. History. Laws 1817, […]