Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Florida
How long a creditor or debt collector has to sue you over a debt in Florida, by debt type — and, just as important, when that clock can restart.
The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
It depends on the paperwork. If the creditor can produce a signed cardholder agreement, the card is a written contract at 5 years (§95.11(2)(b)). If it can't — common when the debt has been sold to a debt buyer — it is treated as an account at 4 years (§95.11(3)(j)). Both periods are real; which one applies is a fact question.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Florida's revival statute, §95.04, is narrower than the myths suggest: to revive a debt that is already barred, the acknowledgment or new promise must be in a signed writing. Contrary to a widely repeated claim, §95.04 does NOT say a small ("$1") partial payment revives a time-barred debt.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Florida classifies each debt type.
| Debt type | Limit in Florida | How it's classified |
|---|---|---|
| Credit card | 5 or 4 years | Conditional — whether a signed cardholder agreement can be produced |
| Written contract | 5 years | — |
| Oral contract | 4 years | — |
| Open account | 4 years | — |
| Promissory note | 5 years | A note founded on a written instrument runs 5 years (§95.11(2)(b)). |
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Florida debtors get wrong
Florida is one of two states where a single number would genuinely mislead. A credit card is a 5-year written contract if the creditor can produce a signed cardholder agreement (§95.11(2)(b)) — but only a 4-year account if it can't (§95.11(3)(j)), which is common once the debt has been sold. So the honest answer is "5 or 4, depending on the paperwork." Florida is also where a popular myth needs killing: the revival statute (§95.04) requires a signed writing to revive a barred debt, and does not say a tiny partial payment resurrects it.
Common questions
What is the statute of limitations on credit-card debt in Florida?
Either 5 or 4 years. It is 5 years as a written contract if a signed cardholder agreement can be produced (§95.11(2)(b)), and 4 years as an account if it cannot (§95.11(3)(j)) — often the case for debt-buyer accounts.
How long does a debt collector have to sue in Florida?
Five years on a written contract, four years on an oral contract or an account. Which one applies to a credit card turns on whether a signed agreement exists.
Does a small payment restart the debt clock in Florida?
Not according to the statute. Florida §95.04 requires a signed written acknowledgment or promise to revive a debt that is already time-barred; the popular "$1 payment restarts it" claim is not supported by the text.
Is my Florida debt gone once the statute of limitations runs?
No. The limitations period gives you a defense you must raise if you are sued; the debt itself still exists. Avoid signing a new written promise on an old debt, which can revive it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.