Florida Statute of Limitations Legal Guide

What Is the Statute of Limitations in Florida?

The statute of limitations is a law that sets a deadline for filing a lawsuit. If a creditor or other claimant waits beyond the specified time period to sue, the claim can be barred by the court. In other words, once the statute of limitations expires, the party owed the debt (the creditor) generally loses the legal right to enforce that debt through the courts.

The purpose of these laws is to ensure lawsuits are brought while evidence is fresh and to prevent indefinite threats of legal action over old obligations. If a lawsuit is filed after the time limit has passed, the defendant (the person owing money) can raise the expired statute of limitations as a defense to get the case dismissed.

Every state has different limitation periods for different types of claims. Florida’s time limits are outlined in Florida Statutes (specifically, Chapter 95 of the Florida Statutes). These timeframes vary based on the nature of the obligation or injury. For example, the deadline to sue over a breach of contract is different from the deadline to sue for a personal injury or a debt. Failing to file within the allowed time means the court will likely refuse to hear the case at all.

In sum, the statute of limitations provides certainty and finality. It protects defendants from being sued after too much time has passed, and it encourages creditors to act promptly if they intend to use the court system to collect a debt.

Statute of Limitations for Debt in Florida

Florida law sets specific statutes of limitations for debt-related claims. The exact time limit depends on the type of debt or agreement in question. In Florida, most debts stemming from a written contract have a five-year statute of limitations. This five-year period generally covers obligations like personal loans, auto loans, promissory notes, and other formal written agreements to repay money. On the other hand, open-ended credit accounts (such as credit card debt) are treated differently – they are considered “open” accounts and have a four-year limitations period. Oral contracts (unwritten promises) also carry a four-year limit under Florida law.

What this means in practice is that, for example, a bank or lender must file a lawsuit within five years of your default on a written loan agreement, or within four years of default on a credit card account or other unwritten contract. If they file suit after that window has closed, you have a strong defense to have the case thrown out as time-barred. Florida’s debt-related time frames are relatively standard compared to other states – many states allow 6 years to sue for debt, while some extend the period to 10 years. Florida falls in the middle with its five- and four-year limits.

Below is a breakdown of Florida’s statute of limitations for various types of debt and common financial claims:

Type of Debt or Claim	Statute of Limitations in Florida
Written contracts (e.g. personal loans, medical bills, car loans, promissory notes)	5 years
Promissory notes (written promise to repay, e.g. some private student loans, mortgages)	5 years
Open-ended accounts (e.g. credit card accounts, lines of credit)	4 years
Oral contracts (no written agreement)	4 years
Renew or enforce a judgment	20 years
Mortgage foreclosure (legal action to foreclose on real estate)	5 years
Deficiency judgment after foreclosure (unpaid mortgage balance after foreclosure sale)	1 year
State tax or property tax debts (liens for unpaid taxes)	20 years
Other injury or fraud claims (non-debt)	Varies – e.g. personal injury 2 years, fraud 4 years

As the table shows, Florida gives creditors five years to sue on most written obligations and four years on unwritten or open-account debts. A promissory note (a written promise to pay a specific sum) is treated essentially the same as any written contract (five years). Credit card debts, despite involving a written cardmember agreement, are classified as open-ended revolving accounts by Florida courts and therefore have a four-year limit. If you have a personal loan, the time limit depends on how the loan was made: a loan documented with a signed agreement is a written contract (5 years), whereas an informal loan made on just a verbal promise would be an oral contract (4 years).

It’s important to note that court judgments have a much longer lifespan. In Florida, a judgment entered by a court is enforceable for 20 years from the date it was entered. This means if a creditor successfully sued you and obtained a judgment, they have up to two decades to collect on that judgment (for example, through garnishment or property liens). Mortgage foreclosures also adhere to a five-year deadline – a lender must begin foreclosure within five years of the borrower’s default. And if a lender seeks a deficiency judgment (to collect any remaining balance after a foreclosure sale), Florida law requires that action to be filed within one year after the foreclosure is final.

Keep in mind that these time limits are set by Florida statute (primarily Fla. Stat. § 95.11). They represent the general rules for how long creditors have to sue. However, certain actions or circumstances can affect when the clock starts or how it runs, as discussed next.

When Does the Clock Start on a Debt in Florida?

Determining when the “clock” (statute of limitations) starts running on a debt is crucial. In Florida, the clock typically begins on the date of the debtor’s first missed payment or default. For instance, if you have a credit card and you stopped making payments, the limitations period would usually start counting from the day you failed to make a payment that was due. If it’s a loan with a specific due date or maturity date, the clock might start at the moment the loan became due and you didn’t pay.

It’s not always straightforward, however. Many debts are installment-based (e.g., monthly payments). Florida follows an “acceleration” rule for some installment contracts, meaning the cause of action (and thus the clock) may not fully commence until the creditor accelerates the debt (declares the entire balance due) after default. But as a simpler rule of thumb: with credit cards and most loans, count the statute of limitations from when you last made any payment and then failed to make the next payment due.

Certain events can pause or reset the clock:

• Partial Payment: If you make a payment toward the debt (even a small amount) after default, it can restart the five- or four-year clock from the date of that payment. Florida law specifically provides that paying any part of the principal or interest on a written debt will toll (pause) the statute of limitations and effectively start it over from the date of payment.
• Acknowledgment of Debt: A debtor’s clear acknowledgment of the debt can also reset the clock. If you acknowledge in writing that you owe the debt, or promise to pay it, Florida will treat that as a new starting point for the limitations period. Importantly, once a debt is already time-barred, a new promise or acknowledgment must be in writing and signed to revive the creditor’s right to sue.
• New Agreement or Refinancing: If you and the creditor enter into a new agreement regarding the debt (for example, a payment plan or a refinancing agreement), this is effectively a new contract. The statute of limitations would then run from the date of the new agreement (essentially resetting the clock).
• Debtor’s Absence or Concealment: Under Florida law, if a debtor is deliberately hiding or is out of state such that they cannot be served with legal papers, the statute of limitations may be tolled during that period of absence or concealment. In practice, modern rules on service of process (like service by publication) often allow a lawsuit to proceed even if a debtor cannot be found in Florida, so this tolling provision is narrower than it used to be. Still, it can apply in cases where the debtor truly cannot be brought before the Florida courts.
• Bankruptcy Stay: If the debtor files for bankruptcy, an automatic stay in federal law stops collection lawsuits. Federal law (11 U.S.C. § 108(c)) effectively tolls the statute of limitations during the bankruptcy case and for a short period after it ends. In essence, the clock pauses while the bankruptcy is ongoing and resumes once the stay is lifted or the case is closed.

Tolling means the clock is suspended temporarily, and resetting means the clock starts over at day zero. Debtors should be very cautious: even a single payment or a written promise can breathe new life into an old debt. Creditors, on the other hand, will watch for any of these events to extend the time they have to enforce an obligation.

What Happens When the Time Runs Out?

When a debt’s statute of limitations expires, the debt becomes what’s often called a “time-barred” debt. This doesn’t erase the debt outright, but it means the creditor can no longer file a lawsuit to collect that debt. In Florida, if the four- or five-year period (or other applicable period) has passed, any lawsuit filed is subject to immediate dismissal. As a consumer, you have to assert this defense — the court won’t automatically know the debt is time-barred. In practice, you (or your attorney) would file a response to the lawsuit pointing out that the statute of limitations has passed. If proven, the judge will dismiss the case.

It’s important not to ignore a lawsuit, even if you believe the debt is too old. If you ignore the court papers, the creditor could get a default judgment against you, and then the debt effectively “comes back to life” as a judgment (which, as noted, is enforceable for up to 20 years in Florida). Always respond and explicitly invoke the statute of limitations if it applies.

While creditors lose the judicial enforcement remedy after the statute of limitations, the debt itself still exists in a technical sense. Creditors or debt collectors may continue to call or send letters requesting payment. However, they cannot threaten legal action on a time-barred debt – doing so might violate the federal Fair Debt Collection Practices Act (FDCPA) or Florida’s own debt collection laws.

In fact, the Federal Trade Commission has noted that a creditor cannot legally sue on “zombie debt” (debt that is beyond the limitations period). You also have the right to tell collectors to stop contacting you. If you’re dealing with collection attempts on an old debt, you can send a written notice to the collector to cease communication, and under law they must honor that request (aside from a final notice or informing you of any legal steps they won’t take because the debt is time-barred).

It’s also worth noting that the statute of limitations for suing is separate from how long a debt can appear on your credit report. In Florida (as everywhere in the U.S.), most debts in collection can only be reported to credit bureaus for seven years from the date of your initial default, per the Fair Credit Reporting Act. So, even if a debt is too old to sue over after four or five years, it might still impact your credit history for a little while longer (up to the seven-year mark). After seven years, the credit bureaus should remove the item, even though the debt itself may still technically be owed.

For creditors, once a debt is time-barred, their practical options are limited to seeking voluntary payment. They can ask or negotiate for payment, but they can’t compel payment through a judgment. Often, time-barred debts are sold off to debt buyers (sometimes called zombie debt collectors) who specialize in attempting to collect on old accounts. To preserve their rights, creditors need to act within the allowed time frame or obtain a judgment before the window closes.

For debtors, the passing of the statute of limitations is a crucial protection. It is a defense that can prevent a legal judgment and the aggressive collection measures that come with a judgment (like wage garnishment or property liens). Knowing the timeline on your debts can inform your decisions — for example, you might decide not to pay an old debt that’s close to expiring, to avoid resetting the clock.

However, you must be very careful in communications; a seemingly innocent promise to “start paying soon” could be construed as an acknowledgment in writing, which could extend the legal life of the debt. Debtors can also use the passage of time as leverage in negotiations: as a debt gets older, creditors might accept a lower lump-sum settlement since their alternative may be getting nothing if the deadline passes. If you’re facing a lawsuit and believe the debt is time-barred, consult an attorney to ensure you properly assert the defense. And remember: after the statute of limitations expires, a debt collector’s threats to sue are legally empty — you cannot be forced to pay through the courts once the deadline has passed.

In all cases, understanding Florida’s statute of limitations can help both sides make informed decisions. Creditors can tailor their credit and collection policies to these legal deadlines, and debtors can prioritize which obligations to address first and which might be too old for court enforcement.

Protecting Assets During the Limitations Period

Even if you are still within the statute of limitations window (meaning a creditor can still sue you), there are legal strategies to protect yourself and your property from collection. Florida is known for its strong asset protection laws. Some steps to consider include:

• Homestead Exemption: Florida’s constitution provides an unlimited homestead exemption for your primary residence. This means a creditor with a money judgment generally cannot force the sale of your home to satisfy most debts. Ensuring your Florida home qualifies as your homestead is a fundamental asset protection move.
• Tenancy by the Entirety: If you are married, you can hold certain assets jointly with your spouse as tenants by the entirety. In Florida, a judgment creditor of one spouse cannot attach assets owned as tenants by the entirety. For example, a joint bank account of a married couple is often immune from a creditor of just one spouse. Utilizing TbyE for bank accounts or real property can safeguard those assets during a collection effort.
• Exempt Bank Accounts: Florida law makes certain types of bank accounts and income exempt from creditor garnishment. For instance, a bank account into which you deposit only qualifying head-of-household wages or federal benefits (like Social Security) is protected from garnishment in most cases. Keeping wages and exempt income separated in designated accounts can preserve funds even if a creditor obtains a judgment.
• Retirement Accounts and Life Insurance: Retirement funds (401(k)s, IRAs, pension plans) are fully exempt from creditors under Florida law. Likewise, the cash value in life insurance policies and annuities is protected. Continuing to contribute to retirement accounts not only prepares for your future but also keeps those funds out of reach from creditors, regardless of lawsuits or judgments.
• Business Entities (LLCs and Trusts): If you have substantial assets, consult an asset protection attorney about using business entities or trusts. Florida LLCs and limited partnerships offer charging order protection, meaning a creditor of a member cannot directly seize the company’s assets – they only get a lien on distributions. Properly moving investment assets or rental properties into separate LLCs can compartmentalize risk. An irrevocable trust (set up well in advance of any creditor issues) might also shield assets for your beneficiaries.

These asset protection measures can be put in place even while a statute of limitations clock is running. The key is to implement them before a creditor’s collection action progresses too far. Done properly, Florida’s laws allow a person to lawfully protect a significant portion of their wealth, even in the face of creditor claims. If you’re concerned about a creditor suing you, it may be wise to act sooner rather than later. Always seek legal advice before transferring assets, as improper transfers could be challenged as fraudulent if done to hinder creditors.

Implications for Creditors and Debtors

The statute of limitations on debt in Florida carries different implications depending on your perspective:

For Creditors: You have a finite window to enforce debts through the courts. It’s critical to keep track of the date of last payment or default on any debts owed to you. If you hold a delinquent debt, you should either commence legal action within the allowed period or be prepared to lose the leverage of judicial enforcement. Once you obtain a judgment (by suing within the limitations period), you then have up to 20 years to use tools like garnishments or liens to collect. But without a judgment, once the statute runs, your leverage is limited to phone calls and settlement offers. To avoid losing rights, creditors often prioritize older debts for legal action before the deadline passes. It’s also wise for creditors to avoid any misleading collection attempts—threatening a lawsuit on a time-barred debt can violate debt collection laws.

For Debtors: The statute of limitations is a line in the sand after which you can have peace of mind that a lawsuit is unlikely (as long as you assert the defense if needed). Knowing the timeline on your debts can help you prioritize which debts to pay first. For example, you might focus on newer debts that creditors can still sue you for, rather than an old debt that’s a year away from expiring. That said, you must be cautious not to inadvertently reset the clock. Avoid making payments on old debts without understanding the implications, and be careful about what you say in writing to a creditor. Even acknowledging an old debt in writing could be treated as a new promise to pay and restart the statute of limitations. If the statute of limitations has passed, know that you have a right to refuse payment and to tell collectors to stop contacting you. And if you’re sued on a stale debt, respond to the lawsuit and inform the court that the debt is time-barred. This knowledge gives you significant power to fend off lawsuits over old obligations.

Frequently Asked Questions

What is the statute of limitations for credit card debt in Florida?

In Florida, credit card debt is generally considered an “open-ended” account. The statute of limitations for credit card debt is 4 years from the date of the last payment or the date of default. This relatively short window means a card issuer or debt collector must file any lawsuit within four years of your missed payment. After four years, the debt becomes time-barred and the creditor cannot sue you to collect it. Keep in mind that making a new payment on the account (even a small one) can reset the 4-year clock by acknowledging the debt. Also, note that this time limit doesn’t affect how long the debt stays on your credit report (which is generally 7 years from default).

What is the statute of limitations for medical debt in Florida?

Unpaid medical bills are usually treated as arising from a written contract (for example, paperwork you sign agreeing to pay for services). The statute of limitations for medical debt in Florida is 5 years. The clock starts from the point of default – typically, the date of your last payment or the due date of a bill that you didn’t pay. If you stop making payments on a hospital or doctor’s bill, the provider (or collection agency) has five years to sue you. After that, the claim is time-barred. As with other debts, a partial payment can extend the timeline by starting the clock over, so be cautious about making payments on old medical bills if you’re nearing the limitations period.

What is the statute of limitations for a personal loan in Florida?

For personal loans, the time limit depends on the loan agreement. Most personal loans in Florida are based on written contracts, so the statute of limitations is 5 years from the date of default. This covers typical bank loans, credit union loans, or even a loan between individuals when you have a signed promissory note or repayment agreement. However, if money was lent with only an oral promise to repay (no written contract), then it’s considered an unwritten agreement and the statute of limitations is 4 years. It’s always best to put loan agreements in writing. Not only does a written contract provide clarity for both parties, but it also comes with that longer 5-year period for legal enforcement, as opposed to 4 years for oral agreements.

How long can a creditor pursue a debt in Florida?

A creditor can pursue collection of a debt indefinitely in the sense of asking for payment, but their ability to use the court system is limited by the statute of limitations. For most debts, a creditor has up to five years to sue on a written contract and four years on an open account or oral contract. Once that window closes, the creditor can no longer file a lawsuit to obtain a judgment.

However, creditors may still contact you or attempt voluntary collections after the statute of limitations expires – they just can’t sue you for it. Also, if the creditor already sued and obtained a judgment within the allowed time, then they can continue to pursue you on that judgment for up to 20 years in Florida (a judgment is enforceable for two decades, and in some cases can be renewed or acted upon during that period). In summary, for a normal unpaid debt the practical cutoff for legal action is 4–5 years from default, but for a debt reduced to a judgment, creditors have a much longer runway (up to 20 years) to keep trying to collect.

What happens if a lawsuit is filed after the statute of limitations expires?

If a creditor files a lawsuit after the limitations period has expired, the lawsuit can be defeated as time-barred. As the defendant, you would need to respond to the lawsuit and affirmatively plead the statute of limitations as a defense. Upon showing that the debt is outside the allowable time, the court will dismiss the case. It’s crucial to respond to the lawsuit – do not ignore it. If you ignore the summons, the court might enter a default judgment if you don’t raise the statute of limitations defense, effectively reviving the debt in the form of a judgment. Unfortunately, some debt buyers or collectors will file lawsuits on old debts hoping the consumer doesn’t know the law or won’t appear in court. By responding and asserting your rights, you can prevent an outdated claim from turning into a new judgment. It’s wise to keep records of the last payment dates on your debts, so you have proof if you need to show the court that a claim is beyond Florida’s limitations period.