What Is the Statute of Limitations?
The statute of limitations gives a time limit for how long after an event you can be sued. In Florida, a statute of limitations also provides a complete defense to a lawsuit for claims made outside the time limit. The lawsuit must be dismissed if the claim is filed beyond the statute of limitations period.
How Long Are the Statutes of Limitations in Florida?
Florida’s statutes of limitations range from 1 year to 20 years.
| Type of Claim | Limitations Period |
|---|---|
| Recover on a judgment | 20 years |
| Unpaid property taxes | 20 years |
| Breach of a written contract | 5 years |
| Foreclose a mortgage | 5 years |
| Private student loans | 5 years |
| Credit card debt | 4 years |
| Breach of oral contract | 4 years |
| Real property claim | 4 years |
| Fraud | 4 years |
| Trespassing | 4 years |
| Intentional torts | 4 years |
| Negligence | 2 years |
| Personal Injury | 2 years |
| Car Accidents | 2 years |
| Unpaid wages | 2 years |
| Defamation, libel, and slander | 2 years |
| Medical malpractice | 2 years |
| Attorney malpractice | 2 years |
| Wrongful death | 1 year |
| Construction bonds | 1 year |
| Specific performance | 1 year |
Statute of Limitations in Florida for Debt
The statute of limitations for debt in Florida is five years. A creditor has five years to sue you for the money you owe. Most debts are based on written agreements, and the statute of limitations period for contract actions is five years.
Florida law says the following about lawsuits based on a contractual debt:
Some people are unsure how long a debt collector can pursue them for old debt in Florida, or how long they can legally be chased for a debt in Florida. As stated above, the default answer is five years. There are exceptions in the statute for debts within a special category.
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How Long Is the Statute of Limitations for Criminal Cases in Florida?
For criminal cases, the statute of limitations depends on the severity of the offense. The statute of limitations for first-degree misdemeanors is two years. It’s three years for felony cases, unless otherwise specified. First degree felonies have a four year statutory of limitations.
Felonies resulting in death have no statute of limitations.
FAQs About Statute of Limitations in Florida
What is the statute of limitations for credit card debt in Florida?
Four years.
What’s the statute of limitations for medical debt in Florida?
Five years.
What is the statute of limitations for a car accident in Florida?
Two years.
What happens if someone files a lawsuit after the statute of limitations has expired?
If you are sued for a claim that occurred beyond the statute of limitations period, you could file a motion to dismiss the claim. You will have to point out the applicable statute of limitations and show that the timeframe has expired.
What is the statute of limitations on car repossession in Florida?
Five years.
About the Author
I’m an attorney who specializes in asset protection planning. I graduated with honors from Emory University Law School and have been practicing law for almost 15 years.
I have helped thousands of clients protect their assets from creditors. Before private practice, I represented the federal government while working for the IRS Office of Chief Counsel.
