Florida Statute of Limitations on Debt: Time Limits by Debt Type

Short answer: In Florida, a creditor or debt collector generally has 5 years to sue on a debt based on a written contract and 4 years on a debt with no written contract, such as a store account [1]. Certain hospital debts have 3 years [1]. A Florida court judgment can be enforced for 20 years [1][4].

Those time limits come from section 95.11 of the Florida Statutes. When the time runs out, the debt doesn't disappear. A collector can still ask you to pay, but federal rules say it can't sue you or threaten to sue over it [5][7].

DebtHaus is not a law firm. This page explains Florida and federal law in general terms and isn't legal advice for your situation. If you've been sued, talk to a Florida consumer attorney or your local legal aid office before your response is due.

What is the statute of limitations on debt in Florida?

Here's how Florida's main deadlines line up for consumer debts. Each one is set out in section 95.11 [1].

Source: Florida Statutes, s. 95.11 (2026) [1]. Statutes are amended from time to time, so check the current text or ask a lawyer before you rely on a date.

Is credit card debt 4 or 5 years in Florida?

It depends on the paperwork, and that's a question a court decides in a lawsuit. Florida gives 5 years for claims "founded on a written instrument" and 4 years for those that aren't [1]. Credit card agreements are written, but whether a particular card debt is treated as a written-contract claim or an open account can turn on what the creditor can produce.

Because the answer can change your defense, don't assume the shorter period applies. If you're close to either line, a Florida consumer attorney can look at your account records and the complaint.

The CFPB also notes that the time limit can depend on the state law named in your credit agreement, on the contract's terms, and on whether you moved to a state with different laws [5]. That's another reason to have someone review your actual contract.

When does the clock start, and what restarts it?

Florida says the time limit runs from when the "cause of action accrues" [1]. For most debts, the CFPB explains that states start the clock either when a required payment is missed or from your most recent payment [5].

Florida's tolling statute lists the events that pause the clock. One of them is a payment of any part of the principal or interest on an obligation founded on a written instrument [3]. Others include being absent from the state or using a false name, but those don't count if you could still be served with a lawsuit [3]. The statute says no other reasons can toll the time limit [3].

Promises are handled separately. Under section 95.04, an acknowledgment of a debt that's already barred by the statute of limitations, or a promise to pay it, must be in writing and signed by the person it's used against [2].

What that means in practice:

• Be careful about small "good faith" payments. The CFPB warns that a partial payment on an old debt may restart the time period [5]. Ask a lawyer how Florida's tolling rule applies to your account before you pay anything on a debt that may be time-barred.
• Don't sign anything that says you owe the debt or promise to pay it until you understand the effect [2].
• Keep it in writing. Section 95.04 is about written, signed acknowledgments [2], but the CFPB says acknowledging an old debt may restart the clock in some situations [5]. Keep calls short and ask the collector to put everything in writing.

Can a debt collector sue you after the statute of limitations in Florida?

No. Under the federal Regulation F, a debt collector must not bring or threaten to bring a legal action to collect a time-barred debt [7]. The only exception is a proof of claim filed in a bankruptcy case [7].

The CFPB adds two warnings [5]:

1. A time-barred debt can still be collected through letters and calls, as long as the collector follows the law.
2. If a collector sues anyway and you don't respond, the court can still enter a judgment against you. It's generally up to you to raise the statute of limitations as a defense.

So if you're served with a Florida lawsuit over an old debt, don't ignore it. Our guide on what to do if you're sued over credit card debt covers the steps.

What does Florida's debt collection law add?

Florida has its own law, the Florida Consumer Collection Practices Act (FCCPA), in part VI of chapter 559. Its list of prohibited practices applies to any "person" collecting consumer debts [8]. Among the things section 559.72 prohibits [8]:

• Claiming, attempting or threatening to enforce a debt when the person knows it isn't legitimate, or asserting a legal right they know doesn't exist
• Contacting your employer before there's a final judgment, unless you've given written permission or acknowledged the debt in writing after it was placed for collection
• Calling or messaging you between 9 p.m. and 8 a.m. your time without your prior consent (email is excepted)
• Contacting you directly once they know an attorney represents you on the debt, with limited exceptions
• Communicating with you or your family so often that it amounts to harassment

If a debt is sold, section 559.715 requires the new owner to give you written notice of the assignment as soon as practical and at least 30 days before any action to collect the debt [9].

You can sue for a violation of the FCCPA within 2 years of the violation [10]. A court can award actual damages and up to $1,000 in additional statutory damages, plus court costs and reasonable attorney's fees [10]. Federal FDCPA rights apply too; see our Fair Debt Collection Practices Act guide.

How do you check whether a Florida debt is time-barred?

1. Find the dates. Look for the date of the last payment and the date the account first went delinquent. Your credit reports and old statements are good places to start.
2. Ask the collector for the details in writing. A collector has to send a validation notice, and you can dispute the debt or ask for more information. Our debt validation letter guide has a sample.
3. Check the collector is registered. Florida requires consumer collection agencies to register with the Office of Financial Regulation, with some exemptions, such as original creditors and Florida Bar members [11].
4. Match the debt to the table above and count from the date the claim accrued.
5. Get legal help if you're sued. Florida legal aid offices and private consumer attorneys handle these cases, and the FCCPA lets a court award attorney's fees if a collector broke the law [10].

How long does a Florida judgment last?

A judgment from a Florida court of record can be enforced for 20 years [1]. A judgment lien on property also lasts up to 20 years from the date the judgment was entered [4]. That's why a lawsuit you ignored years ago can still lead to a bank levy or, in some cases, a wage garnishment.

Will an old debt still show up on your credit report?

The statute of limitations and your credit report run on separate clocks. The CFPB says credit reporting companies can generally report most negative information for seven years [6]. Paying an old debt or having the time limit expire doesn't reset that reporting period. See when credit card debt drops off your report and how to get debt off your credit report.

For how other states compare and general strategies, read our main guide to the statute of limitations on credit card debt.

What should you do next?

• Write down the last payment date and keep every letter you receive.
• Don't pay or sign anything on an old debt until you know whether it's time-barred.
• If you're sued, file a response by the deadline and raise the statute of limitations.
• If a collector threatens to sue over a time-barred debt, or breaks Florida's collection rules, you can submit a complaint to the CFPB at consumerfinance.gov/complaint [5] and talk to a lawyer about your FCCPA rights [10].

Sources

1. Florida Statutes, s. 95.11, Limitations other than for the recovery of real property (The 2026 Florida Statutes, Online Sunshine): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
2. Florida Statutes, s. 95.04, Acknowledgment of debt: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.04.html
3. Florida Statutes, s. 95.051, When limitations tolled: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.051.html
4. Florida Statutes, s. 55.081, Judgment lien duration: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0055/Sections/0055.081.html
5. CFPB, Can debt collectors collect a debt that's several years old?: https://www.consumerfinance.gov/ask-cfpb/what-is-a-statute-of-limitations-on-a-debt-en-1389/
6. CFPB, How long does information stay on my credit report?: https://www.consumerfinance.gov/ask-cfpb/how-long-does-negative-information-remain-on-my-credit-report-en-323/
7. 12 CFR 1006.26, Collection of time-barred debts (Regulation F), eCFR: https://www.ecfr.gov/current/title-12/chapter-X/part-1006/subpart-B/section-1006.26
8. Florida Statutes, s. 559.72, Prohibited practices generally: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0559/Sections/0559.72.html
9. Florida Statutes, s. 559.715, Assignment of consumer debts: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0559/Sections/0559.715.html
10. Florida Statutes, s. 559.77, Civil remedies: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0559/Sections/0559.77.html
11. Florida Statutes, s. 559.553, Registration of consumer collection agencies required; exemptions: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0559/Sections/0559.553.html

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DebtHaus is not a law firm and isn't affiliated with the CFPB or the State of Florida. This page explains the law in general terms; it isn't legal advice for your situation. Editorial policy