Florida debt law
Florida statute of limitations on debt
A statute of limitations is the deadline for a creditor to sue you over a debt. In Florida it depends on the kind of debt. Here are the time limits, what can pause or restart the clock, and what to do if an old debt comes back.
How long does a creditor have to sue you in Florida?
The limit turns on the kind of obligation, not on who owns the debt now.
| Kind of debt | Time limit to sue | Where the law says it |
|---|---|---|
| A contract, obligation or liability founded on a written instrument, such as a signed loan agreement or promissory note | 5 years | Fla. Stat. 95.11(2)(b) (Florida Legislature, opens in a new tab) |
| A contract, obligation or liability not founded on a written instrument, including store accounts and the sale of goods | 4 years | Fla. Stat. 95.11(3)(j) (Florida Legislature, opens in a new tab) |
| A judgment of a Florida court of record | 20 years | Fla. Stat. 95.11(1) (Florida Legislature, opens in a new tab) |
| A judgment of a federal court, another state, or a Florida court not of record | 5 years | Fla. Stat. 95.11(2)(a) (Florida Legislature, opens in a new tab) |
Which time limit applies to a credit card?
It depends on the paperwork. The 5-year limit covers claims founded on a written instrument, and the 4-year limit covers claims that are not. Whether a card account counts as founded on a written instrument can turn on the documents the creditor has, so it is a question for a lawyer, not a guess.
Bring the card agreement if you have it, your statements, and any letter showing who owns the account now.
We are not a law firm and cannot tell you which limit applies to your account. A lawyer or legal aid office can, usually from the papers you already have.
When does the clock start?
Florida law says the time runs from when the claim accrues (Florida Legislature, opens in a new tab), which is when the last element of the claim occurs. The exact date depends on the account and its agreement.
Keep your own record of the last payment you made on each account. It is the date a lawyer will ask for first.
What can restart or pause the clock in Florida?
In Florida, reviving an old debt takes paperwork. Once the time limit has run, an acknowledgment of the debt, or a promise to pay it, counts only if it is in writing and signed (Florida Legislature, opens in a new tab) by you.
Pausing the clock, which lawyers call tolling, is limited to a fixed list (Florida Legislature, opens in a new tab) in the statute. Nothing else pauses it.
- Time you are absent from Florida can pause the clock.
- A payment of principal or interest pauses the clock on a debt founded on a written instrument.
- Other listed reasons include using a false name and hiding from the person owed.
- A signed, written promise to pay an expired debt can revive it.
The CFPB warns that, in general, a partial payment or saying you owe an old debt may restart the time period (CFPB, opens in a new tab). In Florida the written rules above decide it, so talk to a lawyer before you pay or sign anything on an old debt.
What happens after the time limit passes?
The debt does not disappear. The CFPB says that in most states collectors can still try to collect (CFPB, opens in a new tab) after the time limit, but they cannot sue or threaten to sue. Federal rules make that ban explicit: a debt collector must not bring or threaten (eCFR, opens in a new tab) a lawsuit on a time-barred debt.
If you still want to settle an old debt, get the terms in writing, and know that a signed promise can revive it in Florida.
Is the time limit the same as the credit report limit?
No. They are separate clocks. Most accounts placed for collection or charged off can stay on your credit report for seven years (Cornell LII, opens in a new tab), counted from 180 days after the delinquency that led to the collection or charge-off.
A debt can drop off your credit report and still be within Florida's time limit to sue, or be past the time limit and still on your report. Paying or settling it does not restart the credit report clock.
What if you are sued on an old debt in Florida?
Respond by the deadline. In a regular Florida civil case you must serve an answer within 20 days (The Florida Bar (Supreme Court of Florida rules), opens in a new tab) after you are served. The CFPB notes that a court may still enter a judgment against you if you do not show up and raise the time limit as a defense.
- Find the deadline and the court on your papers.
- Write down the date of your last payment and when the account went unpaid.
- Contact legal aid or The Florida Bar Lawyer Referral Service before the deadline.
- Do not sign a promise to pay or make a payment until you have talked to a lawyer.
Where to get legal help
Free and low-cost legal help.
We are not a law firm and cannot give legal advice. These are the people who can, many of them free. None of them pays us, and we do not pay them.
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A lawyer
The Florida Bar Lawyer Referral Service
Matches you with a Florida lawyer for your kind of case. The first 30-minute consultation costs no more than $25. Phone 1-800-342-8011.
Open The Florida Bar (opens in a new tab) -
Legal aid
FloridaLawHelp.org
Run by Florida legal aid organizations: plain-language legal information and a finder for free legal aid providers in Florida.
Open FloridaLawHelp.org (opens in a new tab) -
Court self-help
Florida Courts Help
The Florida courts' own page for self-help centers, free and low-cost legal aid, and court forms.
Open Florida Courts Help (opens in a new tab) -
Legal aid
Free legal aid near you
Legal aid offices give free civil legal help, including with debt lawsuits, to people who qualify. The Legal Services Corporation finder lists the office for your area.
Find legal aid (LSC) (opens in a new tab) -
A lawyer
How to find a consumer lawyer
The CFPB explains where to look for a lawyer who handles debt collection cases, and what experience to look for.
Read the CFPB guide (opens in a new tab)
Things you should know
The downsides, stated plainly.
Read these before you enroll anywhere, including with us. They apply to every debt settlement program.
- Your credit score will drop during the program, and late payments stay on your credit report.
- Creditors may keep collecting while you save, and they can sue. The program does not stop legal action.
- Interest and late fees can keep adding to your balances until each account settles.
- Forgiven debt may be taxable income. A creditor may send you IRS Form 1099-C.
- Fees apply. The fee is a percentage of your enrolled debt, set individually, and charged only after a settlement is reached.
- Not all creditors agree to settle, and not everyone completes the program.
- We do not guarantee any amount, percentage or timeline.
- Debt settlement is not available in all states. We are not a nonprofit or a credit counseling service, and we do not lend money.
- We do not give legal or tax advice. Talk to an attorney or a tax professional about your situation.
What is the statute of limitations on debt in Florida?
Generally 5 years for a debt founded on a written instrument and 4 years for one that is not, such as a store account. A Florida court judgment can be enforced for up to 20 years.
Does a payment restart the clock in Florida?
A payment pauses the clock on a debt founded on a written instrument. Reviving a debt whose time limit has already run takes a written, signed acknowledgment or promise to pay. Talk to a lawyer before you pay an old debt.
Can a collector still call about a time-barred debt?
The CFPB says collectors in most states can still try to collect after the time limit, but they cannot sue or threaten to sue you over it.
Does an old debt disappear from my credit report at the same time?
No. The credit report limit is a separate seven-year clock that starts after the original delinquency. The two dates are often different.
Sources
Where the facts on this page come from. Each link opens the original in a new tab.
- 01 Florida Legislature Fla. Stat. 95.11: limitations other than for the recovery of real property (5 years written, 4 years not written, 20 years judgments) (opens in a new tab)
- 02 Florida Legislature Fla. Stat. 95.031: when the limitation period starts (the claim accrues) (opens in a new tab)
- 03 Florida Legislature Fla. Stat. 95.04: an acknowledgment or promise to pay a barred debt must be in writing and signed (opens in a new tab)
- 04 Florida Legislature Fla. Stat. 95.051: the only things that pause (toll) the limitation period (opens in a new tab)
- 05 eCFR 12 CFR 1006.26: collection of time-barred debts (no suits or threats of suit) (opens in a new tab)
- 06 CFPB Can debt collectors collect a debt that’s several years old? (opens in a new tab)
- 07 Cornell LII 15 U.S. Code 1681c: Requirements relating to information in consumer reports (10 and 7 year limits) (opens in a new tab)
- 08 The Florida Bar (Supreme Court of Florida rules) Florida Rules of Civil Procedure, April 1, 2026 edition (Rule 1.140: 20 days to serve an answer) (opens in a new tab)
Next step
Old accounts and new ones?
If you are not in court, check an illustrative estimate across your unsecured debt, with the fee as its own line.
Four short steps
Your estimate first. Contact details last.
- 1How much you owea close guess is fine
- 2What kinds of debtpick all that apply
- 3Which state you live inchecked before anything else
- 4Your estimate, then a real person if you want one