GEORGIA CODE (Last Updated: August 20, 2013) |
Title 51. TORTS |
Chapter 7. FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION |
Article 5. ABUSIVE LITIGATION |
Section 51-7-84. Notice of claim asserted; when action must be brought
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- (a) As a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or statutory overnight delivery or some other means evidencing receipt by the addressee to any person against whom such injured person intends to assert a claim for abusive litigation and shall thereby give the person against whom an abusive litigation claim is contemplated an opportunity to voluntarily withdraw, abandon, discontinue, or dismiss the civil proceeding, claim, defense, motion, appeal, civil process, or other position. Such notice shall identify the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation.
(b) An action or claim under this article requires the final termination of the proceeding in which the alleged abusive litigation occurred and must be brought within one year of the date of final termination.
Code 1981, § 51-7-84, enacted by Ga. L. 1989, p. 408, § 2; Ga. L. 2000, p. 1589, § 3.