Statute of limitations on debt in Florida
In Florida, a creditor or debt collector has 5 years to sue on a written contract, 4 years on an oral agreement, and 4 years on an open account such as a credit card (Fla. Stat. § 95.11(2)(b) (5 years, written); Fla. Stat. § 95.11(3)(j) (4 years, not founded on a written instrument, incl. store/open accounts); Fla. Stat. § 95.11(4) (3 years, facility medical debt)). For medical bills, the operative number is 3 years — Florida added a medical-debt-specific period in 2024: an action to collect medical debt for services rendered by a facility licensed under chapter 395 (hospitals and ambulatory surgical centers) must be brought within 3 years, running from the date the facility refers the debt to a third party for collection (Fla. Stat. § 95.11(4), verified in the 2025 statutes). Caution: this covers facility debt only and the clock starts at referral to collections, not the service date; bills from non-facility providers (e.g., independent physician practices) still fall under 5 years if founded on a signed written instrument (§ 95.11(2)(b)) or 4 years if not (§ 95.11(3)(j)).
| Written contracts | 5 years |
| Oral agreements | 4 years |
| Open accounts (credit cards) | 4 years |
| Medical debt | 3 years |
How the limitation works
- It limits lawsuits, not the debt. A time-barred debt still exists; what expires is the collector’s ability to win in court.
- It is a defense you must raise. Courts don’t apply it for you. If you are sued and don’t respond, the collector wins by default — even on a time-barred debt.
- The clock usually runs from last activity — typically your last payment — not from when the debt was sold. A debt buyer inherits the original clock.
- Threatening to sue on time-barred debt is illegal. Federal Regulation F (12 C.F.R. §1006.26) bars collectors from suing or threatening suit on time-barred debt, whether or not they knew it was time-barred.
The restart trap
Partial payment of principal or interest on an obligation founded on a written instrument tolls/restarts the period under Fla. Stat. § 95.051(1)(f), and reviving an already-barred debt by acknowledgment or new promise requires a signed writing under Fla. Stat. § 95.04.This is the single most expensive mistake people make with old debt: a small “good-faith” payment on a nearly-expired account can hand the collector a fresh lawsuit window. Confirm the dates before paying anything on an old account.
What to do with an old collection notice
- Find the date of last activity — your own bank records beat the collector’s letter.
- Count forward using the table above. Older than the period? The debt may be time-barred in Florida.
- Send a written validation request — it forces the collector to document the debt and pauses collection until it does (15 U.S.C. §1692g). Generate it free →
- Do not acknowledge the debt in writing or pay anything until you know where the clock stands.
- If you’re sued, respond by the deadline and raise the statute of limitations. Your state’s legal aid can help free: Florida Attorney General Consumer Protection Division.
Florida’s own collection law
The Florida Consumer Collection Practices Act (FCCPA) (Fla. Stat. §§ 559.55–559.785) Broader than the federal FDCPA — it applies to original creditors as well as collectors, bans 19 specific abusive practices (Fla. Stat. § 559.72), and gives consumers actual damages, statutory damages up to $1,000, and attorney's fees. Yes — consumer collection agencies (in-state and out-of-state) must register with the Florida Office of Financial Regulation under Fla. Stat. § 559.553 before collecting consumer debts, with limited exemptions (original creditors, banks, Florida Bar members, etc.).
Common questions
What is the statute of limitations on debt in Florida?
Florida allows 5 years to sue on written contracts, 4 years on oral agreements, and 4 years on open accounts such as credit cards (Fla. Stat. § 95.11(2)(b) (5 years, written); Fla. Stat. § 95.11(3)(j) (4 years, not founded on a written instrument, incl. store/open accounts); Fla. Stat. § 95.11(4) (3 years, facility medical debt)). Medical debt is generally treated as an open account or per its own rule here — 3 years.
When does the clock start?
Generally from the date of default or last activity on the account — commonly the last payment or charge — not from when the debt was sold to a collector. Selling a debt does not reset the statute of limitations.
Does paying something on an old debt restart the statute of limitations in Florida?
Partial payment of principal or interest on an obligation founded on a written instrument tolls/restarts the period under Fla. Stat. § 95.051(1)(f), and reviving an already-barred debt by acknowledgment or new promise requires a signed writing under Fla. Stat. § 95.04.
Can a collector still contact me about a time-barred debt?
Yes — the statute of limitations limits lawsuits, not requests to pay. However, under federal Regulation F (12 C.F.R. §1006.26), a collector may not sue or threaten to sue on a time-barred debt — the ban applies whether or not the collector knew the debt was too old.
What should I do if I get sued on an old debt?
Respond by the court deadline — never ignore a summons, because a default judgment revives everything. If the debt is older than the limitations period, raise the statute of limitations as an affirmative defense in your answer. Many defendants win on this alone.
How is a judgment different?
Once a creditor wins a judgment, a separate and much longer enforcement period applies, and judgments can often be renewed. That is why responding before judgment matters more than anything else on this page.
Keep reading
- Medical debt laws in Florida
- Free debt validation letter generator — no account needed
- Look up a debt collector — CFPB complaint records for the biggest agencies
- Charity care: hospital financial assistance, applied
- Medical debt laws in Kansas
- Medical debt laws in Minnesota
- Medical debt laws in New Jersey
- Medical debt laws in Oregon
- Medical debt laws in Utah
- Medical debt laws in Alabama
Legal information, not legal advice. Statutes change and courts interpret them — for advice on your situation, talk to a lawyer or your state’s legal aid office. Last reviewed AUG 2026.