Florida debt statute of limitations

Florida limitation periods by type of debt

Revolving credit-card/open-account debt is 4 years (§ 95.11(3)); contracts founded on a written instrument are 5 years.

What the Florida statute says

“(j) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.”
Fla. Stat. § 95.11(3)(j)

Does paying restart the clock in Florida?

An acknowledgment or promise only counts if it is in a signed writing (Fla. Stat. § 95.04).

“An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.”
Fla. Stat. § 95.04

Florida’s own debt collection law

Florida's consumer collection practices law (Fla. Stat. part VI of ch. 559, §§ 559.55 et seq.) lists practices any person is barred from using when collecting consumer debts, such as threatening force or violence.

“In collecting consumer debts, a person may not: (1) Simulate in any manner a law enforcement officer or a representative of any governmental agency. (2) Use or threaten force or violence.”
Fla. Stat. § 559.72

Florida's collection law applies in addition to the federal Fair Debt Collection Practices Act, and where they conflict the more consumer-protective provision prevails.

“This part is in addition to the requirements and regulations of the federal act. In the event of any inconsistency between any provision of this part and any provision of the federal act, the provision which is more protective of the consumer or debtor shall prevail.”
Fla. Stat. § 559.552

If a creditor wins a judgment in Florida

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Florida rules take over.

How long a judgment lasts

In Florida, no judgment can be a lien on real or personal property in the state more than 20 years after it was entered, subject to the lien-recording and renewal rules of § 55.10.

“Subject to the provisions of s. 55.10, no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment, order, or decree.”
Fla. Stat. § 55.081

Wage garnishment

In Florida, all disposable earnings of a head of family (someone providing more than half the support of a child or other dependent) of $750 a week or less are exempt from garnishment, and earnings above $750 a week cannot be garnished unless the person agreed in a separate signed waiver; other debtors are protected by the federal limit.

“All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment. (b) Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing.”
Fla. Stat. § 222.11(2)

Small claims court

Florida's small claims rules apply to county court civil actions demanding money or property worth no more than $8,000, exclusive of costs, interest, and attorneys' fees.

“These rules are applicable to all actions of a civil nature in the county courts which contain a demand for money or property, the value of which does not exceed $8,000 exclusive of costs, interest, and attorneys’ fees.”
Fla. Sm. Cl. R. 7.010(b) (as amended, In re Amendments to Fla. Small Claims Rules, No. SC2024-1765, eff. Jan. 1, 2026)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Florida treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Florida?

4 years for credit-card debt and 5 years on a written contract, under Fla. Stat. § 95.11. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Florida?

An acknowledgment or promise only counts if it is in a signed writing (Fla. Stat. § 95.04).

Does Florida have its own debt collection law?

Florida's consumer collection practices law (Fla. Stat. part VI of ch. 559, §§ 559.55 et seq.) lists practices any person is barred from using when collecting consumer debts, such as threatening force or violence. (Fla. Stat. § 559.72).

How long does a court judgment last in Florida?

In Florida, no judgment can be a lien on real or personal property in the state more than 20 years after it was entered, subject to the lien-recording and renewal rules of § 55.10. (Fla. Stat. § 55.081).

How much of my pay can be garnished in Florida?

In Florida, all disposable earnings of a head of family (someone providing more than half the support of a child or other dependent) of $750 a week or less are exempt from garnishment, and earnings above $750 a week cannot be garnished unless the person agreed in a separate signed waiver; other debtors are protected by the federal limit. (Fla. Stat. § 222.11(2)).

What if I am sued on an old debt in Florida?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.