§ 9-3-2.Limitations against municipalities
Chapter 3. Limitations of Actions · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-3-2
Plain-English Summary
A city or county holding a claim against someone else does not get special treatment on timing. O.C.G.A. § 9-3-2 subjects any claim or demand a municipality holds to Georgia’s general statutes of limitation, the same time bars that would apply to a private claimant, with two carved-out exceptions: claims in the nature of a special contract, and claims already reduced to execution.
The second half of the section addresses what happens once a municipality does obtain an execution, the judgment-enforcement instrument Georgia law uses to collect a debt. That execution does not escape the limitations system either. It is subject to the same laws relating to the statute of limitations that govern any other execution, public or private, so a municipality’s collection instrument ages out on the same schedule as anyone else’s.
Read together with O.C.G.A. § 9-3-1’s rule for the state, this section extends the same principle down to local government: Georgia declines to let a governmental claimant sit on a claim indefinitely just because of who holds it, reserving only the narrow exceptions the text spells out for special contracts and claims already reduced to judgment.
Frequently Asked Questions
Are claims held by a Georgia city or county subject to the general statutes of limitation?
Yes, unless the claim is in the nature of a special contract or has already been reduced to execution.
What two categories of municipal claims does this section exclude from the general limitations rule?
Claims in the nature of a special contract, and claims already reduced to execution — both fall outside the general limitations rule this section states.
How does this section treat an execution issued by a municipality?
It subjects that execution to the same laws relating to the statute of limitations that govern other executions, rather than giving it special treatment.
Does this statute give municipalities more time to collect on claims than private parties get?
No. It applies the general statutes of limitation to municipal claims and demands, aside from the stated exceptions for special contracts and claims reduced to execution.
How does O.C.G.A. § 9-3-2 relate to the limitations rule for the state in O.C.G.A. § 9-3-1?
Both hold a governmental claimant to the same time limits a private party would face — O.C.G.A. § 9-3-1 for the state generally, and this section for claims and executions held by municipalities.
Amendment History
Ga. L. 1899, p. 60, § 1; Civil Code 1910, § 4372; Code 1933, § 3-716.