Legal Question in Credit and Debt Law in Georgia

small claims deadlines

i have not been reimbersed on a loan that was made june, 2008. is it too late to file in small claims court. how long do i have?


Asked on 2/04/09, 4:22 pm

1 Answer from Attorneys

James Zito Zito Law Group, LLC

Re: small claims deadlines

The statute of limitations is the period of time within which you may file a lawsuit based upon the accrual of a claim.

If the loan that you made in June of 2008 was in writing, then you may have at least 4 years, or under certain circumstances, as long as 6 or even up to twenty (20) years from the date on which your claim arose to file your claim.

I know of no circumstances under which you would be barred from filing a claim (whether in "small claims" or Superior or State Court) within a year from the date your claim arose.

NOTE however, that if you wish to file in Small Claims (i.e., "Magistrate's) Court in the state of Georgia, the amount of your claim must not exceed the maximum permissible value of Magistrate Court Claims (approximately $15,000 - but check with your local Magistrate court to ascertain maximum dollar value of claim).

...Jim Zito; [email protected]

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Answered on 2/06/09, 10:55 am


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