In Florida, a creditor generally has four to five years to sue you over an unpaid debt, and the statute of limitations on debt in Florida depends on how the obligation was created: five years for written contracts and promissory notes, four years for oral agreements and open accounts. Once that window closes, the debt is time-barred and a collector who sues anyway violates federal law. The catch is that the clock can pause or even restart based on things you do, and the protection only works if you actually raise it in court.
Deadlines by Debt Type
Florida Statute 95.11 sets the filing periods creditors must meet.1Florida Legislature. Florida Statutes Section 95.11 – Limitations Other Than for the Recovery of Real Property The categories that matter for consumer debt are:
- Written contracts, five years. Any obligation backed by a signed document, including personal loans, auto financing, and mortgages.
- Promissory notes, five years. A written promise to repay a specific amount by a set date is treated as a written instrument.
- Oral contracts, four years. Verbal agreements with no written documentation get the shorter deadline.
- Open accounts, four years. Store accounts and similar arrangements with no signed written agreement fall into the category for obligations not founded on a written instrument.
These deadlines apply to when the creditor files suit, not when the case ends. A creditor who files on the last day of the limitation period is still in bounds, even if the trial happens months later.
When the Clock Starts
Under Florida Statute 95.031, a cause of action accrues “when the last element constituting the cause of action occurs.” For most debts, that means the clock starts on the date of the first missed payment you never cure.2Florida Legislature. Florida Statutes Section 95.031 – Computation of Time
Promissory notes with no specific maturity date work differently. For demand notes, the limitation period begins when the lender makes the first written demand for payment, not when the note was signed.
Getting the accrual date right matters. A creditor who miscalculates and files one day late loses the right to sue. A debtor who wrongly assumes the deadline has passed may skip filing an answer and end up with a default judgment anyway.
Is Credit Card Debt Four Years or Five?
Credit card debt is the most common type Floridians face in collections, and it sits in a gray area. Creditors argue a credit card account is governed by a written cardholder agreement, which would put it under the five-year deadline. Debtors counter that a revolving account is an open account subject to the four-year limit.
The distinction often turns on whether the creditor can produce the actual signed agreement. Florida Rule of Civil Procedure 1.130 requires that a lawsuit based on a written contract attach a copy of that contract to the complaint. When a credit card company cannot produce the original signed agreement, the defense has a strong argument that only the four-year open-account deadline applies. This is a real vulnerability for debt buyers who purchase portfolios in bulk and may not receive the underlying cardholder agreements.
If you are being sued over credit card debt, the classification question is one of the first worth raising. The difference between four and five years can be the difference between a viable case and a time-barred one.
What Pauses or Restarts the Clock
Florida Statute 95.051 lists specific circumstances that “toll” the limitation period, pausing the clock so it resumes later.3Florida Senate. Florida Statutes Section 95.051 – When Limitations Tolled The ones that matter most in debt cases:
- Leaving the state. If you move out of Florida, the limitation period stops running during your absence.
- Concealing yourself within Florida so a process server cannot find you.
- Using a name unknown to the creditor so process cannot be served.
- Making a partial payment on the principal or interest of a debt founded on a written instrument.
- Pending arbitration of the dispute.
The absence-from-state and concealment provisions do not apply if the creditor can still serve you another way, such as service by publication.
Bankruptcy affects the timeline too. Florida law explicitly preserves a creditor’s ability to file suit within 30 days after a bankruptcy automatic stay is lifted, even if the limitation period would otherwise have expired during the bankruptcy.
The payment trap is where most people get caught. Making even a small payment toward principal or interest on a debt founded on a written instrument tolls the statute of limitations. A $25 “good faith” payment on a credit card debt that was about to become time-barred can hand the creditor more time to sue you.
Florida also allows a creditor to revive a debt that has already expired. Under Florida Statute 95.04, an acknowledgment of, or promise to pay, a debt already barred by the statute of limitations must be in writing and signed by the person being charged.4Florida Legislature. Florida Statutes Section 95.04 – Promise to Pay Barred Debt A verbal promise over the phone is not enough. But signing a payment plan, a settlement letter, or any document admitting you owe the money can restart the clock entirely.
Debt collectors know this, and some will push for a token payment or a written statement confirming the balance. If a collector contacts you about an old debt, be careful what you say and especially what you sign.
What Happens When the Deadline Passes
Once the limitation period expires, the debt is time-barred. A debt collector who sues or threatens to sue on a time-barred debt violates the Fair Debt Collection Practices Act. The Consumer Financial Protection Bureau has confirmed this is a strict-liability standard, so the violation occurs even if the collector did not know the debt was time-barred.5Consumer Financial Protection Bureau. Advisory Opinion on Regulation F Time-Barred Debt
The statute of limitations is an affirmative defense. If a creditor files suit on a time-barred debt, you have to raise the defense in your written answer. The judge will not dismiss the case on their own. Ignoring the lawsuit because you believe the debt is time-barred is one of the costliest mistakes Florida debtors make. If you do not respond, the creditor gets a default judgment, and that judgment is enforceable for 20 years under Florida Statute 95.11(1).
Collectors can still contact you about time-barred debts by phone or mail. They just cannot sue or threaten to sue. The usual FDCPA rules continue to apply: they must identify themselves as debt collectors, cannot misrepresent the legal status of the debt, and cannot use harassing or deceptive tactics.6eCFR. 12 CFR Part 1006 – Debt Collection Practices (Regulation F)
Make the Collector Validate the Debt
Whether or not the debt is time-barred, federal Regulation F requires every debt collector to send you a written validation notice within five days of first contacting you. The notice must include the name of the creditor, the amount owed, an itemized breakdown of how the current balance was calculated, and instructions for disputing the debt.7eCFR. 12 CFR 1006.34 – Notice for Validation of Debts
If you send a written dispute within the validation period stated in the notice, the collector must stop all collection activity until it sends you verification. Debt buyers often lack basic documentation, and forcing verification can end the collection effort entirely. The notice also locks in the amount and the identity of the creditor, which helps you figure out whether the statute of limitations has run.
Always dispute in writing. A phone call does not trigger the collector’s obligation to pause and verify.
Credit Reporting Runs on a Different Clock
The statute of limitations and the credit-reporting timeline are separate. Even after a debt becomes time-barred, it can remain on your credit report for up to seven years from the date of the original delinquency. Bankruptcies can remain for up to ten years.8Consumer Financial Protection Bureau. A Summary of Your Rights Under the Fair Credit Reporting Act
Making a payment on an old debt does not restart the seven-year credit-reporting clock. The Fair Credit Reporting Act ties the reporting period to the original delinquency date, not the most recent activity. Some collectors may try to re-report the account as a new collection, which is a violation you can dispute directly with the credit bureau.
If a Judgment Is Already Entered
If the deadline has passed on your defense and a creditor obtained a judgment, Florida offers some of the strongest debtor protections in the country when it comes to collecting on that judgment.
Wage Garnishment
Under Florida Statute 222.11, if you qualify as a “head of family,” your earnings may be completely exempt from garnishment.9Florida Senate. Florida Statutes Section 222.11 – Exemption of Wages from Garnishment A head of family is anyone providing more than half the support for a child or other dependent. The protection is tiered:
- Disposable earnings of $750 per week or less are fully exempt. A creditor cannot garnish a dollar.
- Disposable earnings above $750 per week are still exempt unless you signed a specific written waiver when you took on the debt. The waiver must be in a separate document, printed in at least 14-point type, and must explain in plain terms that you are giving up garnishment protection.
Even when garnishment is allowed, it cannot exceed the federal cap: 25% of disposable earnings or the amount by which weekly earnings exceed 30 times the federal minimum wage, whichever is less.
Exempt wages deposited into a bank account stay protected for six months, as long as the funds can be traced back to earnings. Mixing them with other money in the same account does not automatically destroy the exemption, but you will need to prove which funds came from wages if the creditor challenges you.
People who are not heads of family still receive protection under the federal cap, but they do not get the broader Florida exemption.
The Homestead Exemption
Under Article X, Section 4 of the Florida Constitution, your primary residence is exempt from forced sale to satisfy a judgment. There is no cap on the home’s value. A homestead worth $2 million gets the same protection as one worth $200,000.
The size limits are based on location. Inside a municipality, up to one-half acre of contiguous land plus the residence is protected. Outside a municipality, up to 160 acres of contiguous land plus improvements.
The exemption has limits. A creditor can still force a sale of the homestead to satisfy property taxes, a mortgage or loan used to purchase the home, and liens for labor or materials used to improve the property. But a credit card company, medical debt collector, or personal loan creditor with a judgment cannot touch your homestead, no matter how large the judgment.
The protection is automatic, but you can also formally designate your homestead by filing a written statement with the circuit court, which can head off disputes before they start.