Legal Question in Civil Litigation in Georgia
I was served a statement of claim in gwinnett county from a former roomate. he claims I owe him money, but we never signed anything to bolster his claim. This was over 4 yeasr ago when I moved out. Is the time limit passed for his claim?
2 Answers from Attorneys
Since you left out what the money was owed for, there is no way to answer you.
Since this is a former roommate, I am guessing that this is a claim for money owed for back rent although there is nothing in writing between the two of you.
OCGA � 9-3-26. Other actions on contracts; exception
All other actions upon contracts express or implied not otherwise provided for shall be brought within four years from the accrual of the right of action.
If there was a written contract, it would be governed by a 6 year statute of limitations under OCGA � 9-3-24 and the action would be timely in that case.
You do not indicate when you were served. If it is within 30 days after service, file an answer with the court and serve a copy on the plaintiff (your former roommate) or his attorney if he has one and assert the statute as a defense under 9-3-26. You have nothing to lose.