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What is the Statute of Limitations on Debt in Florida?
by
JG Wentworth
•
April 8, 2025
•
6 min
The statute of limitations on debt refers to the legal time frame during which a creditor can sue a debtor for unpaid financial obligations. In Florida, as in all states, different types of debt have different limitation periods. Once this period expires, creditors lose their right to pursue legal action to collect the debt, though the debt itself may still exist.
Let’s take a closer look at Florida’s statute of limitations on various types of debt, how these time limits work, what can restart the clock, and strategies for Florida residents dealing with old debts.
Florida’s statute of limitations by debt type
Florida law establishes specific time limits for different categories of debt:
Debt Type | Limitation Period | Florida Statute |
Written contracts | 5 years | § 95.11(2)(b) |
Oral agreements | 4 years | § 95.11(3)(k) |
Promissory notes | 5 years | § 95.11(2)(b) |
Credit card debt | 5 years | § 95.11(2)(b) |
Medical debt | 5 years | § 95.11(2)(b) |
Auto loans | 5 years | § 95.11(2)(b) |
Mortgage debt | 5 years | § 95.11(2)(c) |
State tax debt | 20 years | Federal tax laws |
Judgments | 20 years | § 95.11(1) |
- Written contracts: Written contracts, including most loans and installment agreements, have a five-year statute of limitations in Florida, as specified under Florida Statute § 95.11(2)(b).
- Credit card debt: Credit card debt is typically classified under written contracts in Florida, thus carrying a five-year limitation period.
- Oral agreements: Verbal agreements have a shorter limitation period of four years under Florida Statute § 95.11(3)(k).
- Medical debt: Medical debts in Florida typically fall under written contracts and thus have a five-year limitation period.
- Auto loans and Mortgages: Auto loans and mortgages, as secured debts with written contracts, have five-year limitation periods for legal action on the debt itself.
- Judgments: If a creditor successfully sues and obtains a court judgment, that judgment can be enforced for 20 years and may be renewed for an additional 20 years under Florida Statute § 95.11(1).
When the clock starts ticking
The statute of limitations generally begins to run from the date of default—typically 30 days after the last payment was made. However, specifics can vary by contract terms, so it’s essential to review your credit agreements.
Consumers should be aware that certain actions can restart the statute of limitations, essentially giving creditors a new full period to sue:
- Making a payment: Even a small payment on an old debt can restart the clock on the entire debt.
- Acknowledging the debt in writing: A written acknowledgment that you owe the debt can restart the limitation period.
- Entering a payment plan: Agreeing to a new payment plan creates a new promise to pay.
- Making a written promise to pay: Any written commitment to repay the debt can reset the clock.
Time-barred debts
When a debt exceeds the statute of limitations, it becomes “time-barred.” Key points about time-barred debts include:
- Creditors cannot legally sue you to collect on time-barred debts.
- If sued for a time-barred debt, you can raise the statute of limitations as a defense in court.
- The debt still exists even after the statute expires, and may still appear on credit reports.
- Creditors may still attempt to collect through non-legal means.
Zombie debt and debt collection practices
“Zombie debt” refers to old debts that have passed the statute of limitations but are purchased by collection agencies that then attempt to collect. In Florida, debt collectors must adhere to both the federal Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA), which prohibit:
- Misrepresenting the legal status of a debt.
- Threatening legal action on time-barred debts.
- Using deceptive practices to collect debts.
- Harassment or abusive practices.
Collectors who violate these laws may be liable for damages, including statutory damages up to $1,000, actual damages, and attorney’s fees.
Responding to collection attempts on old debts
If contacted about an old debt in Florida, consider these steps:
- Request debt verification: Ask for written verification of the debt, including original creditor information and payment history.
- Determine the age of the debt: Calculate whether the statute of limitations has expired.
- Do not acknowledge ownership: Until you’ve verified the debt, avoid statements that could be construed as acknowledging the debt.
- Know your rights: Familiarize yourself with the FDCPA and FCCPA protections.
- Consider consulting an attorney: If you’re sued or threatened with legal action on an old debt, seek legal advice.
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Special considerations for Florida residents
Homestead exemption Florida’s generous homestead exemption protects your primary residence from most creditors, even those with valid judgments. Other asset protections Florida law provides various other protections, including:- Protection of annuities and life insurance cash values.
- Exemptions for retirement accounts.
- Protection for head-of-household wage garnishments.
Federal debts vs. state statute of limitations
Federal debts, including student loans, federal tax liens, and certain government benefits overpayments, operate under different rules:- Federal student loans have no statute of limitations.
- IRS tax debt generally has a 10-year collection period.
- Other federal debts may have various limitation periods set by federal law.
Impact on credit reports
While the statute of limitations affects legal collection actions, it’s separate from credit reporting timeframes. Under the Fair Credit Reporting Act, most negative information including delinquent debts can remain on credit reports for seven years from the date of first delinquency, regardless of the statute of limitations.The bottom line
Understanding Florida’s statute of limitations on debt is crucial for managing financial obligations and responding appropriately to collection attempts. The expiration of the limitation period doesn’t erase the debt but provides a legal defense against lawsuits. Florida residents should be aware of their rights under both state and federal laws and consider seeking legal advice when dealing with complex debt situations. Consumers should keep thorough records of all debts, including original agreements, payment histories, and collection communications, to ensure they can determine whether the statute of limitations has expired if they’re contacted about an old debt.There’s always JG Wentworth…
If you have $10,000 or more in unsecured debt there’s a good chance you’ll qualify for the JG Wentworth Debt Relief Program.* Some of our program perks include:- One monthly program payment
- We negotiate on your behalf
- Average debt resolution in as little as 48-60 months
- We only get paid when we settle your debt
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* Program length varies depending on individual situation. Programs are between 24 and 60 months in length. Clients who are able to stay with the program and get all their debt settled realize approximate savings of 43% before our 25% program fee. This is a Debt resolution program provided by JGW Debt Settlement, LLC (“JGW” of “Us”)). JGW offers this program in the following states: AL, AK, AZ, AR, CA, CO, FL, ID, IN, IA, KY, LA, MD, MA, MI, MS, MO, MT, NE, NM, NV, NY, NC, OK, PA, SD, TN, TX, UT, VA, DC, and WI. If a consumer residing in CT, GA, HI, IL, KS, ME, NH, NJ, OH, RI, SC and VT contacts Us we may connect them with a law firm that provides debt resolution services in their state. JGW is licensed/registered to provide debt resolution services in states where licensing/registration is required.
Debt resolution program results will vary by individual situation. As such, debt resolution services are not appropriate for everyone. Not all debts are eligible for enrollment. Not all individuals who enroll complete our program for various reasons, including their ability to save sufficient funds. Savings resulting from successful negotiations may result in tax consequences, please consult with a tax professional regarding these consequences. The use of the debt settlement services and the failure to make payments to creditors: (1) Will likely adversely affect your creditworthiness (credit rating/credit score) and make it harder to obtain credit; (2) May result in your being subject to collections or being sued by creditors or debt collectors; and (3) May increase the amount of money you owe due to the accrual of fees and interest by creditors or debt collectors. Failure to pay your monthly bills in a timely manner will result in increased balances and will harm your credit rating. Not all creditors will agree to reduce principal balance, and they may pursue collection, including lawsuits. JGW’s fees are calculated based on a percentage of the debt enrolled in the program. Read and understand the program agreement prior to enrollment.
This information is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that you consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.