Statute of limitations on debt in Florida

5 years to sue on a written contract and 4 years on an open account.

Short answer

In Florida, a creditor or debt collector has 5 years to sue on a written contract and 4 years to sue on an open account or unwritten agreement. A promise to pay, or acknowledgment of, a debt that is already time-barred only counts if it is in writing and signed by you (Fla. Stat. § 95.04).

Written contracts
5 years
Open accounts and unwritten agreements
4 years

Time limits to sue in Florida

Law
Fla. Stat. § 95.11(2)(b) (written: 5 years); § 95.11(3)(j) (not written, incl. store accounts: 4 years); § 95.11(4) (hospital medical debt: 3 years)
Official text
Read the law

At 5 years, Florida is shorter than the most common limit in our 48 state guides, 6 years; 7 states share this limit. Next door: 6 years in Georgia, 6 years in Alabama and 3 years in South Carolina.

Collection suits and your rights in Florida

  • A collector may not contact your employer before getting a final court judgment, unless you agree in writing or acknowledge the debt in writing after it went to collection (Fla. Stat. § 559.72(4)).
  • A company that bought your debt must send you written notice of the assignment at least 30 days before trying to collect (Fla. Stat. § 559.715).

If a collector crosses the line: You can sue anyone who breaks § 559.72 for actual damages, extra statutory damages of up to $1,000, court costs and attorney's fees; the court may also award punitive damages. You must sue within 2 years (Fla. Stat. § 559.77).

Payments, promises and the clock in Florida

A promise to pay, or acknowledgment of, a debt that is already time-barred only counts if it is in writing and signed by you (Fla. Stat. § 95.04). The statute does not say how a payment affects the clock.

Must a collector say a debt is too old in Florida?

No Florida disclosure rule found. Under federal Regulation F, a debt collector may not sue you or threaten to sue you on a time-barred debt (12 C.F.R. § 1006.26(b)).

Is my debt too old? Check Florida's time limit

Florida: 5 years for a written contractEnter the date of your last payment to see when the time limit ends.

If you are sued on an old debt in Florida

Say in your written answer that the debt is too old. Deadline in Florida: Small claims (up to $8,000, county court): you must appear at the pretrial conference shown on your summons/notice to appear (Fla. Sm. Cl. R. 7.090). Larger civil cases: you must serve a written answer within 20 days after you are served (Fla. R. Civ. P. 1.140(a)).

If you don't answer: In small claims, if you don't appear at the scheduled time, the plaintiff is entitled to a default and the judge can enter final judgment (Fla. Sm. Cl. R. 7.170).

What to do if you are sued in Florida

Steps for an old debt in Florida

  1. Match the debt to the right limit

    Florida gives 5 years for written contracts and 4 years for open accounts. Not sure which a credit card is? Try both in the checker.

  2. Check before you pay anything

    In Florida: A promise to pay, or acknowledgment of, a debt that is already time-barred only counts if it is in writing and signed by you (Fla. Stat. § 95.04).

  3. Dispute the debt in writing

    A dispute letter sent within 30 days of the validation notice makes the collector verify the debt.

  4. Look the collector up

    Collectors need a Florida license; check one here: Official license lookup.

  5. Report a collector who sues on an old debt

    Complain to Florida Office of Financial Regulation and to the CFPB at consumerfinance.gov/complaint. Phone: 850-487-9687.

Old debts under federal law

Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)). A collection can stay on your credit report up to 7 years, counted from 180 days after the first missed payment (15 U.S.C. 1681c). Read the time-barred debt guide.

Where to get free help in Florida

Questions about old debts in Florida

How long can a debt collector sue me in Florida?

5 years for written contracts and 4 years for open accounts and unwritten agreements (Fla. Stat. § 95.11(2)(b) (written: 5 years); § 95.11(3)(j) (not written, incl. store accounts: 4 years); § 95.11(4) (hospital medical debt: 3 years)).

Does paying on an old debt restart the clock in Florida?

A promise to pay, or acknowledgment of, a debt that is already time-barred only counts if it is in writing and signed by you (Fla. Stat. § 95.04). The statute does not say how a payment affects the clock.

Must a collector tell me a debt is too old to sue on in Florida?

No Florida disclosure rule found. Under federal Regulation F, a debt collector may not sue you or threaten to sue you on a time-barred debt (12 C.F.R. § 1006.26(b)).

What is the time limit for credit card and open-account debt in Florida?

For open accounts and unwritten agreements, Florida's limit is 4 years (Fla. Stat. § 95.11(2)(b) (written: 5 years); § 95.11(3)(j) (not written, incl. store accounts: 4 years); § 95.11(4) (hospital medical debt: 3 years)).

Related Florida pages

Statute of limitations in nearby states

Sources

Last checked: Oct 24, 2026.

Federal sources