Statute of Limitations in Florida

The statute of limitations in Florida is a law that restricts how long someone has to sue another person after a claim occurs and a legal cause of action arises. The statute of limitations is  20 years for judgment recovery and unpaid property taxes, but 5 years or less for all other causes of action. The purpose of the statute of limitations in Florida is to encourage people with a valid claim to timely file a lawsuit.

The legal tradition of a statute of limitations is old. Ancient legal systems had statutes of limitations. In ancient Greece, for example, the statute of limitations for debt was five years, just like it is now in Florida. The statute of limitations ensures that legal claims are brought while evidence is readily available and memories are still accurate.

Statute of Limitations Categories

Type of Claim	Statute of Limitations
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 (open account)	4 years
Breach of an oral contract	4 years
Most claims involving 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	No limit

Statute of Limitations for Debt in Florida

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.

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.

Protecting Assets During the Statute of Limitations Period

It is never too late to protect your assets from potential creditors. Even after you default on a debt agreement, you probably have options to protect your assets from the judgment based on the debt.

Certain legal tools can be effective even after a lawsuit is filed or even after a judgment is entered. Protecting assets makes it more difficult for a judgment creditor to collect, improving your leverage in negotiating a settlement.

The most common forms of collection after a lawsuit is filed and judgment entered are wage garnishments and bank account garnishments. A person anticipating a lawsuit and judgment should determine if they qualify for the head of family exemption from salary garnishment. Individuals who default on debt obligations should ensure that their financial accounts are owned as tenants by entireties (for married couples), or they can move their cash deposits to a bank account that cannot be garnished.

People with other asset categories, including real estate, LLC or corporate interests, or brokerage accounts, can use more sophisticated asset protection tools.

Early asset protection is most effective.  Rather than wait out the statute of limitations period hoping that a potential creditor does not file a lawsuit, a debtor should proactively protect their assets so that a lawsuit or judgment will be less damaging financially.

Note that asset protection is not about hiding money or hoping a creditor will not discover assets. Creditors have extensive post-judgment discovery tools, and they can make you testify under oath about the nature and location of your assets. Asset protection focuses on legal tools to structure your assets and income in a way that makes collection by a judgment creditor difficult.

Frequently Asked Questions

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

The statute of limitations for credit card debt in Florida is four years. Most credit card lawsuits are based on open accounts.

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

The statute of limitations for medical debt is also five years. Florida law does not create a separate category for medical debt, so hospitals and medical providers have five years from the date of the unpaid bill to sue.

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

For personal injury claims from a car accident, the statute of limitations is two years. This is shorter than contract-related debts. Injured parties must file a lawsuit within two years of the accident, though most claims are filed sooner to preserve evidence and negotiate settlements.

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

If you are sued after the statute of limitations has expired, you can file a motion to dismiss the case. The court will review the filing and dismiss the claim if the legal deadline has passed.

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

For car loans, the lender has five years to sue for any unpaid balance. However, even after the deadline expires, the lender can still repossess the vehicle without suing.