Statute of Limitations in Florida

Florida’s statute of limitations sets the deadlines for when a lawsuit must be filed. Florida courts can dismiss a case if it is filed too late.

Here are the most important statute of limitations in Florida:

• Recover on a judgment: 20 years
• Unpaid property tax: 20 years
• Breach of a written contract: 5 years
• Foreclose a mortgage: 5 years
• Credit card debt: 4 years
• Breach of oral contract: 4 years
• Most claims concerning real property: 4 years
• Fraud: 4 years
• Trespassing: 4 years
• Intentional torts: 4 years
• Negligence, personal injury, and car accidents: 2 years
• Unpaid wages and overtime: 2 years
• Defamation, libel, and slander: 2 years
• Medical malpractice: 2 years
• Attorney malpractice: 2 years
• Wrongful death: 2 years
• Construction bonds: 1 year
• Specific performance: 1 year
• Unpaid alimony: none

How the Statute of Limitation Works

The statute of limitations in Florida sets deadlines for filing legal claims, which vary by case type. For personal injury and property damage, the limit is typically four years. Contracts have a five-year limit for written agreements and four years for oral ones. Some cases, like murder, have no statute of limitations.

Statute of Limitations in Florida for Debt

The statute of limitations for debt in Florida is five years. A creditor has five years to sue you for the money you owe. Most debts are based on written agreements and the statute of limitations period for contract actions is five years.

Florida law says the following about lawsuits based on a contractual debt:

Actions other than for recovery of real property shall be commenced . . . within five years: a legal or equitable action on a contract, obligation, or liability founded on a written instrument.Section 95.11(2)(b), Fla. Stat.

Some people are unsure how long a debt collector can pursue them for old debt in Florida, or how long they can legally be chased for a debt in Florida. As stated above, the default answer is five years. There are exceptions in the statute for debts within a special category.

When Does the Clock Start on the Statute of Limitations in Florida?

The Florida statute of limitations for consumer debt begins to run on the date that a payment is missed or the date on which the liability occurred. If a debtor misses a minimum credit card payment, the statute of limitations for that debt will start the day the missed payment was due.

Certain actions might pause the statute of limitations for debt collection. In Florida, making a partial payment on a contractual debt (like a credit card payment) will reset, or toll, the statute of limitations.

Some actions might renew the statute of limitations. For example, making occasional payments on debt or entering into any modification or settlement agreement resets the clock on the statute of limitations.

Florida Statute of Limitations for Debt Compared to Other States

The five-year statute of limitations for consumer debt in Florida is one of the lowest in the country. Many states have a six-year statute of limitations. Some states even set the statute of limitations at ten years for debt based on written contracts.

Furthermore, Florida’s asset protection laws are some of the strongest in the country, making it relatively difficult for a creditor to collect a judgment for contractual debt.

Statute of Limitations for Criminal Cases

In Florida, the statute of limitations for first-degree felonies is 4 years, while for second-degree felonies, it is 3 years. If a felony involves using a destructive device that causes injury, the statute of limitations extends to 10 years.

Felonies resulting in death have no statute of limitations.

FAQs About Statute of Limitations in Florida

What is the statute of limitations for credit card debt in Florida?

The statute of limitations for credit card debt in Florida is five years. Because debts based on written contracts have a five-year statute of limitations of five years, the credit card issuer has five years from the date of a missed payment to file a lawsuit against you.

What’s the statute of limitations for medical debt in Florida?

The statute of limitations for medical debt in Florida is also five years. Florida statutes do not provide a separate category for collection of medical debts. A hospital or other medical provider will have five years to file a lawsuit for unpaid medical bills starting from the date of the unpaid invoice or bill.

What is the statute of limitations for a car accident in Florida?

In Florida, the statute of limitations for personal injury based on a car accident is four years. This is shorter than debts based on a written contract. An injured person will have a full four years after the accident to file a lawsuit against you. However, most personal injury lawsuits based on car accidents are filed sooner because the evidence is fresher, and the claimants would rather reach an early settlement.

What happens if someone files a lawsuit after the statute of limitations has expired?

If you are sued for a claim that occurred beyond the statute of limitations period, you could file a motion to dismiss the claim. You will have to point out the applicable statute of limitations and show that the timeframe has expired.

What is the statute of limitations on car repossession in Florida?

The statute of limitations on car repossession in Florida is five years. Once five years has elapsed from your last payment, the car lender cannot obtain a money judgment against you for the amount still owed on the vehicle. However, the lender can still repossess the car without filing a lawsuit.