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Georgia Ante Litem Notice: Suing a City (6 Months)

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If a Georgia city caused your injury, you must send the city a written claim within six months. This is called an “ante litem notice.” If you skip this step, or send it late, you cannot sue the city at all.

What the Law Says

O.C.G.A. § 36-33-5, Presentation of claims for money damages; time limits; contents of claim, states in part:

(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in this Code section.

(b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.

(e) The description of the extent of the injury required in subsection (b) of this Code section shall include the specific amount of monetary damages being sought from the municipal corporation. The amount of monetary damages set forth in such claim shall constitute an offer of compromise. In the event such claim is not settled by the municipal corporation and the claimant litigates such claim, the amount of monetary damage set forth in such claim shall not be binding on the claimant.

(f) A claim submitted under this Code section shall be served upon the mayor or the chairperson of the city council or city commission, as the case may be, by delivering the claim to such official personally or by certified mail or statutory overnight delivery.

You can read the full statute on the Georgia General Assembly’s official code site.

In Plain English

“Ante litem” is Latin for “before the lawsuit.” An ante litem notice is a written claim you send to the city before you can sue it. A “municipal corporation” just means a city or town. Atlanta, Savannah, Macon, and every small town in Georgia are all municipal corporations.

The deadline is short. You have six months from the date of the event that hurt you. Compare that to the normal two-year deadline for injury lawsuits. Many people lose valid claims because they did not know about this rule.

Your notice must include certain facts. Under subsection (b), you must state the time and place of the injury. You must describe how badly you were hurt. You must describe the negligence that caused it. Negligence means the careless act or failure to act. Under subsection (e), you must also state a specific dollar amount you are seeking. The statute says that dollar figure is an “offer of compromise.” If the city does not settle, you are not stuck with that number. You can ask for more in court.

Subsection (f) says how to deliver the notice. You must serve it on the mayor or the chair of the city council or commission. You can hand it to that person, or send it by certified mail or statutory overnight delivery. Do not just mail it to the city’s insurance company or the police department. That may not count.

After you send the notice, the city has 30 days to act on it under subsection (c). The city can pay, deny, or ignore your claim. If the city ignores it, subsection (d) pauses your statute of limitations while the claim is pending. Once the city acts or 30 days pass, you can file suit.

There is one more hurdle. Cities have “sovereign immunity.” That means the government cannot be sued unless a law allows it. O.C.G.A. § 36-33-1 says cities keep their immunity in most cases. But a city can be liable for careless “ministerial” acts. A ministerial act is a routine task, like fixing a known pothole. Cities also waive immunity to the extent they buy liability insurance for certain claims. This area of law is complex. A lawyer can tell you if your claim can get past immunity.

Example

Tasha was driving on a city street in Rome, Georgia, on February 5, 2026. A city garbage truck backed out of an alley without looking and struck her car. She had $22,000 in medical bills and $6,000 in car damage.

Tasha has until August 5, 2026 to send her ante litem notice. Her lawyer sends a letter by certified mail to the mayor of Rome. The letter states the date, the location, the truck driver’s negligence, her injuries, and a demand for $75,000.

The city has 30 days to respond. It denies the claim. Tasha can now file her lawsuit. She still must file within the normal two-year limit, which is February 5, 2028.

If Tasha had waited until September 2026 to send the letter, her claim would be barred. The court would dismiss her case even though the city driver was clearly at fault.

Key Points to Remember

  • You must send a written claim to the city within six months of your injury.
  • The notice must state the time, place, extent of injury, the negligence involved, and a specific dollar amount.
  • Serve the notice on the mayor or council chair in person, by certified mail, or by statutory overnight delivery.
  • The city has 30 days to act. Then you can sue.
  • The dollar amount in your notice is an offer. It does not cap what you can win in court.
  • Missing the six-month deadline ends your claim against the city.
  • Cities have sovereign immunity, so not every claim can go forward even with proper notice.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.