Except as otherwise provided by law, the state shall be barred from bringing an action if, under the same circumstances, a private person would be barred.
§ 9-3-1.Limitations against the state
Chapter 3. Limitations of Actions · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-3-1 subjects the State of Georgia to the same statutes of limitation that would bar a private person from bringing the same action under the same circumstances, unless some other law specifically provides a different rule for the state.
Full Text of § 9-3-1
Plain-English Summary
Georgia’s government does not get a free pass on deadlines when it goes to court. O.C.G.A. § 9-3-1 holds the state to the same statutes of limitation that would bar a private citizen bringing the identical claim under the identical circumstances. If a private plaintiff’s clock has run out, the state’s clock has run out too, unless some other statute spells out a different rule for the state’s own claims.
The section does not set its own limitations period; it has none of its own to offer. Instead it borrows whatever period would apply if a private person stood in the state’s shoes, and it applies that borrowed period to the state directly. The “except as otherwise provided by law” clause matters here: other Georgia statutes give the state longer periods, or different rules, for particular kinds of claims, and those specific statutes control over this general default.
The practical weight of this rule falls on anyone facing a claim brought by a state agency or by the state itself. A defendant sued long after a private party would have been time-barred has grounds to raise that same limitations defense against the state, provided no other statute displaces the general rule this section sets.
Frequently Asked Questions
Is the State of Georgia exempt from statutes of limitation when it sues someone?
No. The state is barred from bringing an action whenever a private person, under the same circumstances, would be barred.
Does this statute set its own specific limitations period for the state?
No. It ties the state to whatever limitations period would apply to a private person in the same circumstances, rather than creating a separate timetable.
What happens if another Georgia law gives the state a different limitations rule for a particular claim?
That other law controls. This section applies except as otherwise provided by law, so a more specific statute overrides the general rule stated here.
Does O.C.G.A. § 9-3-1 apply to counties and cities as well as the state itself?
The text addresses the state; claims held by municipalities are covered separately in O.C.G.A. § 9-3-2.
Who benefits from raising a limitations defense against a claim brought by the state?
A defendant facing a state-brought action, since the statute lets that defendant raise the same time bar that would defeat a private plaintiff under the same circumstances.
Amendment History
Ga. L. 1855-56, p. 233, § 38; Code 1873, § 2925a; Code 1882, § 2925a; Civil Code 1895, § 3777; Civil Code 1910, § 4371; Code 1933, § 3-715.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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