Unless otherwise provided by law, if a defendant removes from this state, the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor.
§ 9-3-94.Removal of defendant from state
Chapter 3. Limitations of Actions · Article 5. Tolling of Limitations · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-3-94 excludes a defendant’s time spent living outside Georgia from the calculation of any limitations period, so the clock effectively pauses once the defendant leaves the state and resumes only when the defendant returns to reside, unless another law provides otherwise.
Full Text of § 9-3-94
Plain-English Summary
A defendant cannot run out the clock on a plaintiff’s claim by leaving the state. If a person against whom a cause of action exists moves away from Georgia, the time spent living elsewhere does not count when calculating whether the limitations period has expired. The clock, in effect, runs only while the defendant is a Georgia resident.
The rule protects plaintiffs from a defendant who is out of reach of Georgia courts’ ordinary service of process for long stretches of the limitations period. Without it, a defendant could relocate right after wronging someone and let the deadline expire while beyond the practical reach of a lawsuit filed here.
The section opens with a qualifier — “unless otherwise provided by law” — so it yields to more specific statutes that address the same problem differently, including modern long-arm jurisdiction statutes that let plaintiffs sue an absent defendant without needing this tolling rule at all.
Frequently Asked Questions
What happens to the limitations clock when a defendant leaves Georgia?
“The time of his absence from the state until he returns to reside shall not be counted or estimated in his favor.”
Does this tolling rule apply without any exceptions?
No. It applies “unless otherwise provided by law,” meaning other statutes can supersede it.
Does the statute address a defendant’s brief trip out of state or an actual relocation?
The statute speaks to a defendant who “removes from this state” and measures tolling by his absence “until he returns to reside,” pointing to relocation rather than a short trip.
Whose absence matters for this tolling rule — the plaintiff’s or the defendant’s?
The defendant’s. The statute tolls limitations based on the defendant’s absence from the state.
Does the clock resume once the defendant comes back to Georgia?
Yes. Tolling lasts only “until he returns to reside,” at which point the clock resumes.
Amendment History
Laws 1805, Cobb’s 1851 Digest, p. 564.; Laws 1806, Cobb’s 1851 Digest, p. 565.; Laws 1817, Cobb’s 1851 Digest, p. 567.; Laws 1839, Cobb’s 1851 Digest, p. 568.; Ga. L. 1851-52, p. 239, § 1; Ga. L. 1855-56, p. 233, § 23; Code 1863, § 2870; Code 1868, § 2878; Code 1873, § 2929; Code 1882, § 2929; Civil Code 1895, § 3783; Civil Code 1910, § 4378; Code 1933, § 3-805.
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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