What is the deadline for a notice of claim against a Georgia city?
A claim against a Georgia municipality carries one of the shortest deadlines in injury law. Before suing a city, a person must present a written ante litem notice to the city’s governing authority within six months of the event that gave rise to the claim. This is far tighter than the deadlines that apply to the state or to private defendants.
The six-month municipal window ¶
O.C.G.A. § 36-33-5 requires a claimant to present the claim in writing to the governing authority of the municipal corporation within six months of the happening of the event on which the claim is based. The notice must describe the time, place, and extent of the injury as nearly as practicable, and the negligence that caused it. Because the period runs from the event itself, the clock typically starts on the date of the incident.
This six-month notice is a prerequisite to filing suit against the city. It does not replace the lawsuit’s own statute of limitations; a claimant still must file the actual complaint within the applicable period, but the city cannot be sued at all unless the notice was first given in time.
Why the city deadline catches people off guard ¶
The municipal deadline is notable for how early it arrives and how strictly it is applied:
- Six months is far shorter than the two-year limitations period many people associate with injury claims, so the notice can expire while a person is still treating injuries or gathering facts.
- The notice content rules are specific, and Georgia law also requires the notice to state a specific amount of monetary damages being sought, a requirement added by a 2014 amendment to § 36-33-5.
- A city is a different defendant than a county or the state, and each level of government has its own notice rules and deadlines, so a single assumption about timing can be wrong.
Failing to send a timely, complete notice generally bars the claim against the city, even if the injury itself is serious and well documented.
The bottom line ¶
A notice of claim against a Georgia city is due within six months of the event under § 36-33-5, and that notice must state the time, place, extent, and negligence, along with a specific dollar amount of damages. Because six months passes quickly and the requirement is enforced strictly, anyone who may have a claim against a municipality should treat the notice as an immediate priority rather than wait for the longer suit deadline.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.