What Is the Statute of Limitations in Florida?
The statute of limitations in Florida sets the deadline for filing a lawsuit. In Florida, the statute of limitations for debt is five years for written contracts and four years for open accounts like credit cards. Once the statute of limitations expires, creditors can no longer legally sue to collect the debt.
What Is the Statute of Limitations for Debt in Florida?
The statute of limitations for debt in Florida is five years for debts based on a written contract. A creditor must file a lawsuit within five years after a debtor’s missed payment or default. After five years, the creditor can no longer legally sue to collect the debt. The law is designed to encourage creditors to act promptly and to protect consumers from indefinite liability.
Statute of Limitations Categories in Florida
| Type of Claim | Statute of Limitations |
|---|---|
| Recover on a judgment | 20 years |
| Unpaid property tax | 20 years |
| Breach of a written contract | 5 years |
| Foreclose a mortgage | 5 years |
| Credit card debt (open account) | 4 years |
| Breach of an oral contract | 4 years |
| Most claims involving real property | 4 years |
| Fraud | 4 years |
| Trespassing | 4 years |
| Intentional torts | 4 years |
| Negligence, personal injury, and car accidents | 2 years |
| Unpaid wages and overtime | 2 years |
| Defamation, libel, and slander | 2 years |
| Medical malpractice | 2 years |
| Attorney malpractice | 2 years |
| Wrongful death | 2 years |
| Construction bonds | 1 year |
| Specific performance | 1 year |
| Unpaid alimony | No time limit |
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When Does the Statute of Limitations for Debt Start in Florida?
The statute of limitations for debt in Florida starts on the date when the debtor first misses a payment. In the case of credit card debt, it begins when the minimum payment is missed. If the debtor makes a partial payment or acknowledges the debt, the statute of limitations can reset and start over.
Actions that may toll or reset the statute of limitations in Florida include:
- Making a partial payment
- Signing a new agreement
- Acknowledging the debt in writing
Florida’s Statute of Limitations for Debt Compared to Other States
Florida has a relatively short time frame for debt collection lawsuits compared to other states. Many states allow six years to sue for debt, while some extend the period to ten years.
Protecting Assets During the Statute of Limitations Period in Florida
Even if you are within the statute of limitations period, you have legal tools to protect your assets from creditors. Asset protection strategies include:
- Holding bank accounts jointly as tenants by entireties (for married couples)
- Using exempt bank accounts
- Setting up LLCs for business and investment assets
- Utilizing Florida’s generous homestead exemption for real property
Florida’s laws make it possible to protect significant assets even during or after a debt lawsuit.
Frequently Asked Questions
What is the statute of limitations for credit card debt in Florida?
The statute of limitations for credit card debt in Florida is four years. Credit card agreements are considered open accounts under Florida law.
What is the statute of limitations for medical debt in Florida?
Medical debt lawsuits must be filed within five years in Florida. Medical debts are treated like other written contract obligations.
How long can a creditor pursue debt in Florida?
Creditors typically have five years to sue on written contract debts and four years for open accounts. After the statute of limitations expires, creditors can no longer file a lawsuit to enforce the debt.
What happens if a lawsuit is filed after the statute of limitations expires?
If a creditor files a lawsuit after the statute of limitations expires, you can raise the statute of limitations as a defense and have the lawsuit dismissed. You must respond to the lawsuit and assert the defense, or you risk waiving it.
About the Author
Gideon Alper is an attorney who specializes in asset protection planning. He graduated with honors from Emory University Law School and has been practicing law for almost 15 years.
Gideon and the Alper Law firm have advised thousands of clients about how to protect their assets from creditors.
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