Statute of Limitations on Credit Card Debt in Florida (2026)

Statute of Limitations on Credit Card Debt in Florida (2026)

Disclaimer: This article is for general information only. It isn’t legal, financial or tax advice, and we aren’t attorneys or financial advisors. Debt collection laws change, and courts can read them differently depending on the facts of a case. If you’re being sued or contacted about an old debt, talk to a licensed Florida consumer attorney or a legal aid office before you pay, sign or say anything about the debt.

Florida gives creditors a limited amount of time to sue over unpaid debt. Florida’s statute sets five years for a contract founded on a written instrument and four years for one that isn’t. Which of those applies to a credit card is a question courts decide, and it can change the answer to whether you can still be sued.

This guide explains what Florida law says, how the clock works, what can pause or restart it, and what to do if you’re sued. It builds on our overview of the statute of limitations on credit card debt by state, and goes deeper on Florida.

The short version

  • Florida law sets 5 years for a contract, obligation or liability founded on a written instrument, and 4 years for one not founded on a written instrument, including store accounts. These periods come from Fla. Stat. § 95.11.
  • The statute doesn’t mention credit cards. Whether a card falls under the 4-year or the 5-year period depends on how the account is classified.
  • A contract can’t shorten these periods. Florida law makes any clause that does so void.
  • In Florida, a written acknowledgment or promise to pay a barred debt must be signed by you. A payment on a debt founded on a written instrument can also pause the clock.
  • Once a debt is time-barred, collectors can’t sue or threaten to sue over it, but the debt doesn’t disappear.
  • If you’re sued, you generally have 20 days to respond.

What Florida law says

ProvisionWhat it says
Fla. Stat. § 95.11(2)(b)5 years for an action on a contract, obligation or liability founded on a written instrument
Fla. Stat. § 95.11(3)(j)4 years for an action on a contract, obligation or liability not founded on a written instrument, including store accounts
Fla. Stat. § 95.11(4)3 years to collect medical debt for services by a facility licensed under chapter 395, counted from when the facility refers the debt to a third party for collection
Fla. Stat. § 95.11(1)20 years for an action on a judgment of a Florida court of record
Fla. Stat. § 95.03A contract provision that sets a shorter time to sue is void
Fla. Stat. § 95.031The time runs from when the cause of action accrues, which is when the last element of the cause of action occurs
Fla. Stat. § 95.04An acknowledgment of, or promise to pay, a barred debt must be in writing and signed by the person to be charged
Fla. Stat. § 95.051Lists the reasons the clock can be tolled, including payment of part of the principal or interest on an obligation founded on a written instrument
Fla. Stat. § 95.10If a claim arose in another state and that state’s law bars it because of lapse of time, no action can be maintained in Florida

We read these provisions on the Florida Senate’s website, in the 2025 Florida Statutes. Laws change, so check the current text.

Is it 4 years or 5 years for a credit card?

Florida’s statute draws a line between debts “founded on a written instrument” and debts that aren’t. A credit card account has a bit of both. There’s usually an application and a cardholder agreement, but the balance itself changes every month, much like an account at a store.

Legal summaries commonly describe the Florida deadline as five years for a written contract and four years for oral agreements or revolving credit accounts. But which period a court applies can depend on the facts of the case, including what written documents exist and who is suing.

If you’re trying to work out whether you can still be sued, it’s safer to count from the longer period until a Florida attorney tells you otherwise. An attorney can tell you which period a court is likely to apply to your account.

When does the clock start?

The statute says the time runs from when the cause of action accrues, and that happens when the last element constituting the cause of action occurs. The statute doesn’t say exactly which event that is for a card account.

The CFPB explains that in some states the period begins once a required payment is missed, and in others it counts from the most recent payment, even one made during collection. So collect these dates before you do the math:

  • The date of your last payment.
  • The date of your first missed payment.
  • The date the card issuer charged off the account.
  • The date the account was sold or transferred to a collector, if it was.

Here’s a hypothetical to show why 4 versus 5 years matters. Say your last payment was on January 15, 2022. Counting from that date, four years ends January 15, 2026, which has already passed. Five years ends January 15, 2027, which hasn’t. Under one reading the debt is time-barred and under the other it isn’t, which is why the classification matters. If your start date is the first missed payment instead, your dates could be earlier.

What can pause or restart the clock

Florida has specific rules on what extends the time to sue.

A written, signed acknowledgment. Under § 95.04, an acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged. Don’t sign anything that says you owe an old debt, or that promises to pay it, until you’ve talked to an attorney.

Payment on a debt founded on a written instrument. Section 95.051(1)(f) says the running of time is tolled by payment of any part of the principal or interest of an obligation or liability founded on a written instrument. How this applies to a debt that’s already time-barred is a legal question, so ask an attorney before you make any payment on an old account.

Being out of the state, or avoiding service. The statute also says the clock is tolled by the absence from the state of the person to be sued, by use of a false name that’s unknown to the person entitled to sue so that process can’t be served, and by concealment in the state so that process can’t be served. These don’t apply if service of process can be made in a way that gives the court jurisdiction.

Nothing else. Section 95.051(2) says a disability or other reason doesn’t toll a statute of limitations except those listed in that section and a few other laws.

Debts from other states and cardholder agreements

Under § 95.10, if a claim arose in another state whose law bars it because too much time has passed, no action can be maintained on it in Florida. Cardholder agreements often name a particular state’s law, and many people move. Which state’s rules apply to your account can be disputed, so it’s another question for an attorney.

What “time-barred” means in Florida

When a debt is time-barred:

  • Collectors can’t sue or threaten to sue. The CFPB explains that the Fair Debt Collection Practices Act prohibits a collector from suing or threatening to sue over a time-barred debt. Florida’s Consumer Collection Practices Act also prohibits claiming, attempting or threatening to enforce a debt when the person knows it isn’t legitimate, or asserting a legal right the person knows doesn’t exist, according to the text of § 559.72.
  • The debt still exists. Collectors can still ask you to pay.
  • It can still be on your credit report. The FTC says a credit bureau can generally report accurate negative information for seven years, counted from the date of the event.

If you’re sued in Florida

  1. Don’t ignore the summons. Guidance from a legal aid group says the answer must be filed within 20 days of getting the complaint. If you don’t respond, a default judgment can be entered against you.
  2. Read the papers. Note the court, the case number and the date you were served.
  3. File a written answer and raise the statute of limitations. It’s a defense, and courts generally expect you to raise it.
  4. Know that the other side has to prove its case. The same guidance says the plaintiff must prove that you owe the debt and show the documents that support the claim.
  5. Understand what a judgment means. Under § 95.11(1), an action on a judgment of a Florida court of record can be brought within 20 years. A default judgment on an old debt can follow you for a long time.
  6. Get help. Ask your court clerk about self-help resources and contact a legal aid office or a Florida consumer attorney. Florida law also has exemptions that can protect some income and property from collection, but they generally need to be claimed, so an attorney can help.

How to check your own deadline

  1. Find out who’s collecting, and who the original creditor was.
  2. Gather the dates: last payment, first missed payment, charge-off, and any sale of the account.
  3. Count four and five years from the dates you’ve collected.
  4. Don’t pay, sign or agree to anything about the debt until you know whether it’s time-barred.
  5. Ask the collector in writing to identify the original creditor, the amount and the date of the last payment.
  6. If you get a summons, respond within the deadline.
  7. Talk to a Florida attorney or a legal aid office.

If you decide to negotiate with a creditor, read our article on how credit card debt settlement works first. For the bigger picture, see our complete guide to credit card debt and our step-by-step plan to pay off credit card debt.

Frequently asked questions

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

Florida’s statute sets five years for a contract founded on a written instrument and four years for one that isn’t, including store accounts. Which one applies to a credit card can depend on how the account is classified.

Does the debt go away after the statute of limitations expires?

No. A time-barred debt still exists. Collectors can’t sue or threaten to sue, but they can still ask for payment.

Can I be sued after the statute of limitations has passed?

A collector who sues or threatens to sue over a time-barred debt may be violating the law. Even so, if you’re sued, respond within the deadline and raise the statute of limitations as a defense.

Does a payment restart the clock in Florida?

It can pause it in some cases. Florida law says payment of part of the principal or interest on an obligation founded on a written instrument tolls the time. A written, signed acknowledgment or promise to pay is required to revive a barred debt. Ask an attorney before you pay anything on an old account.

How long can the debt stay on my credit report?

Generally seven years from the date of the event, according to the FTC. That’s separate from the statute of limitations.

How long does a Florida judgment last?

Florida law allows an action on a judgment of a Florida court of record within 20 years.

Are medical debts treated differently?

Florida has a separate three-year period for medical debt owed to a licensed facility under chapter 395, counted from when the facility refers the debt to a third party for collection.

Sources

Statutes were read in October 2026. Laws change, so verify the current text before relying on any of this.

The date example is hypothetical and shows the arithmetic only. The Florida Consumer Collection Practices Act text on FindLaw was current as of January 2025, and the statute was amended in 2025, so check the current version.