Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

In Ga what is statute of limitations on a case filed in superior…

Customer Question
In Ga what is statute...
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: 3 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 29 minutes by:
7/1/2015
Lawyer: LawTalk, Attorney replied 3 years ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
Verified
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
Ask Your Own Legal Question
Customer reply replied 3 years 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
Lawyer: LawTalk, Attorney replied 3 years 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
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
37,876 Satisfied Customers
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
In Georgia, is there a statute of limitations on serving a
In Georgia, is there a statute of limitations on serving a defendant after filing a lawsuit? 6 months before the 6 yr GA statute of limitation was to expire on a credit card debt, June 2015, a credito… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
I live in Texas. SOL in Texas is 4 years, actions on debt.
I live in Texas. SOL in Texas is 4 years, for civil actions on debt. In 2008 a credirt card company attempted to sue me for an outstanding debt. They did not serve my current address, or where I worke… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
In Georgia:when re-initiating a civil complaint within 6
In Georgia:when re-initiating a civil complaint within 6 months of voluntarily dismissing without prejudice: do i start completely over with a new complaint, new discoveries or just somehow file a mot… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
Can the plaintiff choose to not pursue the case and when is
Can the plaintiff choose to not pursue the case and when is the best time to do this sa before or after filing statement of arbitrability and who are the parties to be notified apparently the defendan… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Good Morning. My question was the same as the one you answered
Good Morning. My question was the same as the one you answered 5 yrs ago for the meaning of "dismissed for prosecution re fia (plaintiff) in state of Texas. Same situation, same company. So, case is c… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
A civil judgement was filed in 2006 against me and I was never
A civil judgement was filed in 2006 against me and I was never served or notified until the plaintiff was being investigated by the government! I was potentially a witness against them. Can i get this… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
expanding on your response that I can use information from
expanding on your response that I can use information from a previous case as communication requests in the new ERISA case. I'll give you as much info as I can. The case was brought in a different dis… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
What form do I need to use and how do I file a motion to
what form do I need to use and how do I file a motion to dismiss a trial in Arapahoe County, CO?… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Ely, if available: As I mentioned, my case is before
Ely, if available: As I mentioned, my case is before the Georgia Court of Appeals; to the best of my knowledge it has not yet been docketted. A few days ago opposing counsel sent: Answer and Affirmati… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
I live in Texas and about 6 1/2 years ago I quit paying a few
I live in Texas and about 6 1/2 years ago I quit paying a few of my debts due to my Mother's illness and death (to help take care of her). I am still getting letters from debt collection companies. Sh… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
What is the time limit for filing the same claim after a voluntary
What is the time limit for filing the same claim after a voluntary dismissal without prejudice? Thank you.… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
1. If you were facing a summary judgment or dismissal and
1. If you were facing a summary judgment or dismissal and were almost sure to lose a case would you ever withdraw the case as an alternative 2. Res judiciata/collateral estoppel would apply in the cas… read more
FloridaLawyer
FloridaLawyer
Attorney
Doctoral Degree
737 satisfied customers
Lawyer on behalf of old credit card sued me in county that
Lawyer on behalf of old credit card sued me in county that I no longer lived in before the statute of limitations. Then I received a letter of voluntary nonsuit on that case. Next, I received a summon… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
In Gwinnett County, GA. What are the options to get a Writ
In Gwinnett County, GA. What are the options to get a Writ of Fi.Fa completely removed? I am in negotiation to settle a judgment, but the bank's attorney is saying that they already filed a Fi.Fa, and… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Is there a limit to how long a FiFA stays active in the state
Is there a limit to how long a FiFA stays active in the state of GA.? And is there a statue of limitations on the time the state of GA has to collect back taxes on a business that is out of business?… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
If a case of breach of contract was disposed by the court two
If a case of breach of contract was disposed by the court two years ago, can the plaintiff file again?… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,248 satisfied customers
my case came to a settlement agreement and now it was continued
my case came to a settlement agreement and now it was continued ,voluntary dismissal w/leave to refile. what does this mean as, I'm out of town and is finding this out by comouter.… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I was charged with libel and slander dating back to the ...
I was charged with libel and slander dating back to the period 3/2005 to 9/2005. A notice of voluntary dismissal of the charges, without prejudice was filed recently. If the court accepts the notice c… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x