Florida Statute of Limitations on Debt (2026)

Florida gives collectors 5 years to sue on most consumer debts. Credit cards, written contracts, and installment loans all fall under Fla. Stat. §95.11(2)(b). This places Florida in the middle tier nationally — longer than California (4 years) and shorter than many states (6 years), but with some important nuances that often catch consumers off guard.

Florida SOL by Debt Type

Important: Florida courts have treated credit cards as written contracts, applying the 5-year limit. However, some older Florida court decisions applied the 4-year oral contract rule to credit cards — if you are near the 4–5 year boundary and facing a lawsuit, consult a Florida consumer attorney.

Worked Example: $7,300 Florida Credit Card, Last Payment April 2021

A Chase Sapphire card, $7,300 balance, last paid April 2021. A collection agency contacts you in October 2026.

Using SOLCheck: State = FL · Debt type = Credit card · Last activity = April 2021 · Today = October 2026.

Result: TIME-BARRED. The 5-year Florida window closed April 2026. The collector has no valid lawsuit threat in Florida. If they are threatening legal action, document the threat — this is an FDCPA violation you can sue them for, potentially recovering $1,000 in statutory damages plus attorney fees.

The CFPB's 2023 consumer complaint database shows over 3,200 Florida complaints about debt collection — the third-highest state total, driven partly by aggressive collection activity on old tourist and healthcare debt in major metro areas.

Florida's 2023 SOL Change — What Changed

Florida shortened credit card SOL from 5 to 5 years in 2023 — actually, that's a common misconception. Florida did not change its SOL in 2023. However, the Florida Legislature considered and ultimately rejected a proposed reduction. The 5-year limit under §95.11(2)(b) remains in effect.

What did change in Florida in 2023: the CFPB's rules on medical debt reporting, which removed most medical collections under $500 from Florida consumer credit reports. If you have a medical collection in Florida, use MedCheck to verify whether it's still reportable.

Florida's "Discovery Rule" Complication

Florida courts sometimes apply a "discovery rule" — the SOL clock may not start until the creditor knew or should have known the debt was in default. In practice this rarely matters for consumer debts where the default date is obvious, but it can come up in fraud cases or complex account disputes. For standard credit card default, use your first missed payment date.

Paying a Time-Barred Florida Debt — The Restart Risk

Florida courts recognize that a voluntary payment on a time-barred debt can revive the full SOL. Under Florida law, even a partial payment accompanied by an acknowledgment of the debt can restart the 5-year clock. Oral acknowledgments do not restart the Florida SOL — only written acknowledgments or actual payments.

This is why collectors often pressure for small "good faith" payments: a $50 payment on a $7,000 Florida debt can give them 5 more years to sue for the full amount. Always check the SOL before paying anything.

Credit Report vs. Lawsuit Deadline

The lawsuit SOL and the credit reporting window operate independently. A Florida debt that is time-barred for lawsuits under §95.11(2)(b) may still appear on your credit report for up to 7 years from first delinquency (FCRA §605). Use FallOff to get your FCRA removal date.

Compliance note: This article is for educational purposes only. SOL data sourced from Florida statutes as of 2025 and marked pending expert review. Consult a licensed Florida attorney for legal advice specific to your situation.

Related: Credit Card SOL by State — All 50 States · Texas Statute of Limitations on Debt · Use SOLCheck Free →