Georgia Statute of Limitations - Conversion and Fraud

My question involves criminal law for the state of: Georgia

Please forgive the length of this post, it is rather difficult to sum up in short.

In 1990, my biological father was involved in a big rig trucking accident, from which he sustained severe injuries. As a result, he was awarded a settlement agreement. In part, I was included in the agreement, and an annuity was set up on my behalf. The agreement reads as follows:
Commencing August 1, 1991, the sum of $5,300.00 per year for four years to be paid to [my name], if living, otherwise to [natural mother], if living, otherwise to [stepfather], otherwise to the estate of the last to die of [natural mother] or [stepfather]. No further designation or revocation of beneficiary or payees named herein shall be effective unless signed by both Claimants and delivered to the Insurer or the Insurer's Assignees before such payments are made...

At the time the settlement agreement was implemented, and an annuity was set up for me, I had no knowledge I had been included in his provisions.

Fast forward to 2007, when at my grandfather's home, 3 weeks prior to his death, he made mention of [biological father's settlement agreement] and my monetary award therein. I was extremely confused by this. I began doing some investigation (of my own accord) and was able to locate the insurance company, thereby compelling them to send me a copy of [biological father's settlement agreement], in it's entirety.

Once I'd had the chance to review the documents, I sought the advice of an attorney, who agreed to review the case, and was retained on a contingency fee basis. The fee agreement was signed and we proceeded.

Due to specifics, which if necessary, I can provide, my attorney decided to pursue a claim based on Conversion And Fraud. He stated, at that time, our biggest issue would be Georgia's Statute of Limitations. If we could get beyond that, there would be no other stepping stones, as the case is self-evident.

The "Action For Conversion And Fraud" was filed in The Superior Court of [biological father's county of residence] and given a Civil File Action #_______. Shortly after that, my attorney contacted me and informed me that [attorney for the defense] was requesting a deposition.

At the deposition, [attorney for the defense] asked me several questions. This is the specific citation he used as a basis for his following - "Motion Summary Judgment";

Q. Between the time you turned 18 and August of this year, what did [biological father] do to prevent
you from learning about this information?
A. He didn't disclose that I was part of his settlement agreement.
Q. So the fact that he didn't disclose it to you is the only thing that you know he did wrong?
A. That I know he did wrong?
Q. Yes ma'am.
A. Yes.

I received the "Motion Summary Judgment" in conjunction with my attorney's "Motion To Withdraw". I contacted my attorney to inquire about his decision. He told me he didn't see any way to bypass the SOL, so it would be fruitless to continue with this case.

However, during my own course of investigation, I located this:

O.C.G.A. § 9-3-23. Sealed instruments
Actions upon bonds or other instruments under seal shall be brought within 20 years after the right of action has accrued. No instrument shall be considered under seal unless so recited in the body of the instrument.

I'm wondering if this might apply, since the settlement agreement, was in fact, presented before, and signed by, a notary public of Georgia? As my attorney appears to be withdrawing, I may have to continue pro se (not fond of that idea). Therefore, any assistance you may provide, would be greatly appreciated. Thank you in advance.

~Anne~

Quote:

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Quoting OCGA § 9-3-23. Sealed instruments

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Actions upon bonds or other instruments under seal shall be brought within 20 years after the right of action has accrued. No instrument shall be considered under seal unless so recited in the body of the instrument.

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You're describing a document that was notarized; but as the statute says, "No instrument shall be considered under seal unless so recited in the body of the instrument" - does the document include that language?

I have found that the language does not matter. The document is considered under seal, as the notary seal does account for as much. However, it appears that even within the SOL, I will be unable to advance any further. I cannot provide discovery regarding a bank account (in my name), to which the annuity was paid and disbursed . I've never owned, accessed, nor had any knowledge of said account. Unfortunately, being that so much time has passed, the financial institution has informed me that no records were able to be located. Subsequently, I have no option but to withdraw. A final thought; How do you produce evidence regarding something you haven't received? I fear that given enough time, criminals will be the only ones left to take solace in our laws.

There's authority to the contrary. See, e.g., Landmark Engineering, Inc. v Cooper, 222 Ga. App. 752, 476 S.E.2d 63 (1996).

What case are you looking at.