Business Litigation in Georgia: The State-wide Business Court and Commercial Claims
A Georgia commercial dispute can be filed in superior court, state court, or the Georgia State-wide Business Court, which began accepting cases on August 1, 2020. Two decisions come first: which court, and whether the limitation period is still open.
We have no Georgia office. Aaron Bedy, Of Counsel, is admitted in Georgia and in Florida; his listed practice areas are estate planning and real estate law.
Where Georgia commercial cases are heard, and the deadlines that govern them
The Business Court hears claims under the Georgia Business Corporation Code, the LLC Act, the partnership acts, the UCC and the Georgia Trade Secrets Act, internal-affairs disputes among business participants, and business-to-business contract, fraud and tort claims (O.C.G.A. 15-5A-3). Where damages are requested, the amount in controversy must be at least $500,000, or $1,000,000 for commercial real property; equitable claims in the listed categories have no minimum. Foreclosures, residential landlord-tenant, consumer and personal injury claims are excluded. The filing fee is $3,000 (15-5A-5).
A defendant has 30 days after service to object to a case filed in the Business Court and ask that it go to superior or state court, unless the parties' business-entity contract names the Business Court. A case pending elsewhere can be moved by petition within 60 days after all defendants are served (15-5A-4). Filing there within the limitation period tolls it until the court accepts or rejects the filing. The court's Q&A confirms litigants may elect a jury.
A dismissed case can be renewed within 6 months (9-2-61). A trade secret misappropriation claim must be brought within 5 years of discovery, with exemplary damages up to twice the award for willful and malicious conduct (10-1-766, 10-1-763). Georgia's offer-of-settlement statute reaches tort claims only (9-11-68), so it does not shift fees in a pure contract case.
Forum Strategy
Choosing between the Business Court, superior court and state court, and preparing or opposing a transfer petition inside the 30-day and 60-day windows in 15-5A-4.
Contract, Fraud and Owner Disputes
Claims between businesses and among members, shareholders and partners, with the limitation period confirmed before anything is filed.
Covenants and Trade Secrets
Enforcing or defending non-competes under 13-8-53 and misappropriation claims under the Georgia Trade Secrets Act.
What is the Georgia State-wide Business Court, and can my case go there?
It is a statewide court created by statute in 2019 for specified business claims, with a $3,000 filing fee. Damages cases need at least $500,000 in controversy ($1,000,000 for commercial real property). Foreclosures, consumer, residential landlord-tenant and personal injury claims are excluded (15-5A-3, 15-5A-5).
How long do I have to sue for breach of contract in Georgia?
A written contract carries 6 years (9-3-24); an oral contract or open account carries 4 years (9-3-25). Contracts for the sale of goods under Article 2 of the UCC are excluded from both sections, so check the goods rules separately.
Are non-compete agreements enforceable in Georgia?
Against employees who solicit customers, make sales, manage others, or are key employees or professionals (13-8-53). A restraint of 2 years or less is presumed reasonable (13-8-57), and a court may narrow an overbroad one (13-8-54).
Can I recover attorney's fees in a Georgia business dispute?
If your contract provides for fees, yes, and 9-15-16 preserves that right. Otherwise you must show bad faith, stubborn litigiousness or unnecessary trouble and expense, and plead it specifically (13-6-11). Since April 21, 2025, the same fees cannot be recovered twice under overlapping statutes (9-15-16).
Facing a business dispute in Georgia?
The first consultation is confidential, and we respond within one business day. Tell us what is at stake and where the contract or company was formed, and we will tell you which Georgia court and deadlines apply.