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LawTalk
LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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In Ga what is statute of limitations on a case filed in superior

Customer Question

In Ga what is statute of limitations on a case filed in superior court of Ga. The case was voluntary dismissed by plaintiff almost two years ago. I thought it was 6 months to re file or goes away. I have the recorded document of dismissal but the fifa is still on record and affecting by credit score.
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good afternoon,
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,
Doug
Customer: replied 1 year ago.
We had a case with an equipment company for a large amount of money. They filed a complaint against us and did not show on court date. The case was dismissed without prejudice and they had 6 mos to refile or action would go a way with no return. They did refile on 2 days before the 6 mos.
In 2010 a credit card co filed a claim on me personally. Went to court they filed a voluntary dismissal on august 8 2012
also filed a fifa Now as I understand they could reopen in 6 months for 8/12 or would be over. Recorded superior court documents of dismissal but no document of fifa dismissal. My simple understanding is if no re open in 6 mos over aqnd have to release fifa
Expert:  LawTalk replied 1 year ago.
Good evening,
As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. These are new questions that you are asking. They go significantly beyond a simple procedural question you asked and into the specifics of your case. For new questions, the customer is asked to open a new question thread, or to accept an offer of additional services. I do sincerely ***** ***** any inconvenience this might cause you. I will process an offer to you for additional services.
You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to assist you. As the questions that you are posting are new, I am required to ask you to please open up a new question thread for them. Thank you for your understanding.
Doug

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