In Georgia, suing a city is different than suing a person or company. In order to sue a city, you must first send notice of the claim. Georgia case law refers to this notice as an “ante litem” letter. “Ante litem” is a Latin term that means “before litigation.” In Georgia, these notices are governed by O.C.G.A. § 36-33-5.
Under this statute, claims for “injuries to person or property” must give notice of the claim before filing suit. So, if you are injured by a city’s negligence, you must give notice of the claim. Similarly, if your property is damaged by the city’s negligence you must give notice of the claim before filing suit. Notice is given with an ante litem letter.
Deadline for sending notice of the claim: The notice must be sent within six months of the event or injury.
Requirements for the notice: The claim must be in writing and served upon “the mayor or chairperson of the city council or city commission” by “delivering the claim to such official personally or by certified mail or statutory overnight delivery.” The notice must state “the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury.” The notice must also include “the specific amount of monetary damages being sought” from the city.
In Fleureme v. City of Atlanta, 322 Ga. 180 (2025), the Georgia Supreme Court clarified that it is enough for the notice to be addressed to the “Office of the Mayor” rather than naming the mayor personally. The Court also clarified that strict compliance with subsection (f) of O.C.G.A. § 36-33-5 is NOT required. Instead, substantial compliance is all that is required. And the Court disapproved of any precedent from the Georgia Court of Appeals that held otherwise.
In West v. City of Albany, 300 Ga. 743 (2017), the Georgia Supreme Court held that O.C.G.A. § 36-33-5 applies only to damages caused by negligence, not intentional torts, such as retaliation, which was the basis of the plaintiff’s damages claim in that case. So, if a city injures you by an intentional act, no ante litem notice is necessary.
In City of College Park v. Steele, 371 Ga. App. 649, 650 (2024), the Georgia Court of Appeals held that a claimant must state the “specific amount of monetary damages being sought from the City.” In Steele, the claimant’s notice stated that she medical claims “of approximately $100,000 and non-economic damages in the amount of $20,000.00.” Id. at 650. The Court held that an “approximate” amount is not a “specific amount” and therefore the plaintiff’s ante litem notice failed to comply with O.C.G.A. § 36-33-5 and the plaintiff’s claim was dismissed.
