What Is the Statute of Limitations on Debt in Florida

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If you’re facing a debt collection lawsuit in Florida, understanding the statute of limitations is crucial. The statute of limitations sets a deadline for creditors to file a lawsuit to collect a debt.

Once this time expires, the creditor generally loses the legal right to sue you — though they can still try to collect the debt through non-litigious means.

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How Long Is the Statute of Limitations on Debt in Florida?

In Florida, the statute of limitations for debt varies depending on the type of agreement:

Written Contracts (including credit cards): 5 years
Oral Contracts: 4 years
Promissory Notes: 5 years
Open Accounts (e.g., store credit or certain utility bills): 4 years

The clock typically starts from the date of the last payment or default, whichever is later.

Important Note: Credit card companies often argue that your credit card agreement is a written contract. However, in some Florida cases, courts have found credit cards to be open accounts, which carry a shorter 4-year limit. This can significantly impact your defense if you’re sued.

What Happens If the Statute of Limitations Has Expired?

If a creditor files a lawsuit after the statute of limitations has run out, you must raise the statute of limitations as an affirmative defense. If you don’t raise it, the court may allow the case to proceed.
A skilled debt defense attorney can help you assert this defense and possibly get the lawsuit dismissed.

Can a Debt Be Revived After the Limit Expires?

Yes. If you make a payment or acknowledge the debt in writing, you could restart the statute of limitations clock. That’s why it’s important not to agree to anything or make payments on an old debt before speaking to a debt defense law firm.

How Long Does a Judgment Last in Florida?

If a creditor wins a debt lawsuit against you and obtains a judgment, the rules change.

A Florida judgment is valid for 20 years from the date it is entered.
The creditor can renew or enforce the judgment within that time through wage garnishment, bank levies, or liens on property.

Additionally, a judgment lien on real property is valid for 10 years, but it can be re-recorded to extend its enforceability, so long as it remains within the 20-year life of the judgment.

This means that even if the original debt was small, a judgment can grow due to interest, court costs, and attorney fees — and can follow you for decades.

Mike Weston, Esq.

Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.