Statute of Limitations for Small Claims in Georgia

Every Claim Has a Deadline

Georgia gives you a fixed window to file a lawsuit from the date your claim arose. If you file after that window, the defendant can raise the statute of limitations as a defense, which can bar recovery regardless of how strong your evidence is on the underlying claim.

These deadlines, called statutes of limitation, vary by the type of claim. The clock starts ticking on a specific triggering event, and sending a demand letter does not pause or reset it.

Georgia Limitation Periods for Common Claims

Written contracts — 6 years (O.C.G.A. § 9-3-24). The clock starts on the date the debt became due and payable or the date of breach. This covers signed agreements, written leases, purchase orders with payment terms, and promissory notes.

Oral agreements and open accounts — 4 years (O.C.G.A. § 9-3-25). The clock starts on the date of the last transaction, the invoice due date, or the date of the oral breach. Handshake deals, verbal quotes, and running tabs all fall here.

Sale of goods under the UCC — 4 years (O.C.G.A. § 11-2-725). The clock starts on the date of delivery or the date of breach. This covers purchases of physical products — a defective appliance, an undelivered custom order, a damaged shipment.

Damage to real property — 4 years (O.C.G.A. § 9-3-30). Covers physical harm to land, buildings, fences, and permanent structures. The clock starts on the date the damage occurred.

Damage to personal property — 4 years (O.C.G.A. § 9-3-31). Covers belongings — vehicles, electronics, furniture, tools. Again, the clock starts on the date of damage or conversion.

Tolling: When the Clock Pauses

In limited situations, Georgia law pauses the statute of limitations:

• Legal disability of the plaintiff — if the plaintiff is a minor or legally incapacitated at the time the claim arises, the clock is tolled until the disability is removed (O.C.G.A. § 9-3-90)
• Fraudulent concealment — if the defendant actively concealed the cause of action, the clock does not start until the plaintiff discovers or should have discovered the claim (O.C.G.A. § 9-3-96)

Filing a Pauper's Affidavit to waive filing fees does not toll the statute. If the affidavit is denied, your filing date relates back only if you pay the fees within the time the court orders.

How This Plays Out in Practice

A contractor walks off your job in March 2022 after you paid a $5,000 deposit. You had a written contract, so you have until March 2028 to file. But if the agreement was verbal — the contractor quoted a price over the phone and you paid by Venmo — your deadline shortens to March 2026.

A tenant moves out in June 2024 leaving $3,000 in property damage. Your landlord claim for damage to real property expires in June 2028.

An invoice for $8,000 worth of supplies delivered in January 2023 goes unpaid. If payment was due on a written Net-30 invoice, the 6-year clock started in February 2023. If there was no written agreement and the transaction was oral, the 4-year clock applies from January 2023.

What to Do if You Are Close to the Deadline

File the Statement of Claim before the deadline expires. The file-stamp date from the Magistrate Court Clerk establishes your official filing date for statute of limitations purposes, provided you exercise reasonable diligence in having the defendant served afterward.

Do not wait for the demand letter response period to play out if it would push you past the deadline. Send the demand letter and file simultaneously if necessary.

The Georgia Small Claims Filing Guide includes a deadline calendar worksheet that helps you calculate the exact expiration date for your specific claim type.

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