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O.C.G.A. § 10-1-401

Limitation of actions; right to set off damages or penalties not limited

Applied in 1 court decision — leading case Byung Ho Cheoun v. Infinite Energy, Inc. (2010)

Most recently applied in Byung Ho Cheoun v. Infinite Energy, Inc. (January 2010)

Ga

(a) No private right of action shall be brought under this part:

(1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or

(2) More than two years after the termination of any proceeding or action by the State of Georgia, whichever is later.

(b) Damages or penalties to which a person is entitled pursuant to this part may be set off against the allegation of the person to the seller and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Code section.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.