I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I am a GA licensed attorney.
First of all, the specific court that a case is filed in does not dictate the statute of limitations on a lawsuit. Rather the nature of the cause of action---the thing being sued on---is what determines the statute of limitations.
For example, in GA a written contract
breach must be sued on within 6 years, a verbal contract within 4, a personal injury
within 2 years and a credit card debt within 6 years according to a GA appellate
decision. These statutes of limitation apply whether the case is filed in Magistrate or Superior Courts.
The 6 month period of time you refer to is known as the renewal statute and allows a case that has been filed and served within the applicable statute of limitations to be voluntarily dismissed and then refiled within 6 months of the dismissal of the original action.
The renewal statute does not effect the underlying statute of limitations though. Let me explain.
Let’s say that a creditor wants to sue you for an unpaid debt that was subject to a written agreement between the two of you. Under GA law, the creditor would normally have 6 years in which to file suit after the breach of contract
occurs. If they filed after 4 years, served you and then a year later voluntarily dismissed, a total of only 5 years would have passed since the original breach, and would still have to the full 6 year period to re-file and serve you on the debt. In this case the renewal statute would not come into play.
Only of the plaintiff files and serves and then dismisses within 6 months of the running of the statute, or after the statute has run would the renewal statute come into play, and limit the plaintiff to re-filing within the 6 months period after the dismissal of the suit.
While the original case against you may have been dismissed, if there was more than 6 months before the statute of limitations on the specific cause of action sued on was set to expire, then the renewal statute would not apply to your case and the Plaintiff could refile at any time before the actual statute of limitations expired.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,