What Is the Statute of Limitations in Florida?

Florida’s statute of limitations sets strict deadlines for filing lawsuits. If a case is filed after the deadline, a court can dismiss it. The time limit depends on the type of legal claim.

Deadlines to File a Lawsuit in Florida

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

How the Statute of Limitations Works

Each type of case has a different deadline under Florida law. Personal injury and property damage claims usually have a four-year limit. Written contracts have a five-year limit, while oral contracts have a four-year limit. Some cases, like murder, have no statute of limitations at all.

Once the deadline passes, the claim is legally barred. However, certain actions—like making a partial payment on a debt—can reset the clock.

Statute of Limitations for Debt in Florida

The statute of limitations for debt collection in Florida is five years for written contracts. That means a creditor has five years from the date of a missed payment to sue for the outstanding balance.

Florida law states:

“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.)

A common question is how long debt collectors can pursue old debt in Florida. The general rule is five years, but certain actions—such as making a payment or agreeing to a new payment plan—can restart the time limit.

When Does the Clock Start?

For consumer debt, the statute of limitations starts on the date of the first missed payment. If you miss a credit card payment, the clock begins ticking from the due date of that payment.

Some actions can pause or reset the statute of limitations:

• Making a partial payment: Even a small payment can restart the five-year period.
• Acknowledging the debt in writing: Admitting you owe the debt can extend the time a creditor has to sue.
• Entering into a new agreement: Modifying the terms of repayment can reset the deadline.

If you’re unsure about your rights regarding old debt, speaking with an attorney can help you avoid costly mistakes.

Florida Statute of Limitations Compared to Other States

Florida’s five-year limit on consumer debt is shorter than many other states. Some states allow creditors to sue for six years, while others extend the period to ten years for written contracts.

Despite Florida’s relatively short statute of limitations, its strong asset protection laws make it more difficult for creditors to collect debts. Florida law provides several exemptions that protect assets from creditors, including the homestead exemption and wage garnishment restrictions.

Criminal Statute of Limitations in Florida

In Florida, most crimes have a statute of limitations. Some crimes—such as fraud, child abuse, or crimes against minors—may have extended or eliminated limitations.

The time limits vary based on the severity of the offense:

Type of Crime	Statute of Limitations
Second-degree misdemeanors	1 year
First-degree misdemeanors	2 years
Third-degree felonies	3 years
Second-degree felonies	3 years (with exceptions)
First-degree felonies	4 years (unless otherwise specified)
Capital offenses (e.g., murder)	No time limit

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.