Florida Debt Collection Laws & Statute of Limitations 2026
By Xavier C.H. · Editor and Researcher · May 27, 2026 · 14 min read
⚠️ Important: Xavier is not a licensed Florida attorney. This is educational content based on the Florida Statutes Chapter 95, Florida Statutes Chapter 559 (FCCPA), the Florida Rules of Civil Procedure, and federal FDCPA. For your specific situation — especially if you have been sued — consult a licensed Florida debt defense attorney.
📌 The 30-second answer
Florida combines a longer 5-year SoL with strong protections: the unique head-of-household wage garnishment exemption, an unlimited-value homestead exemption, and the FCCPA covering original creditors.
- Written contracts (credit cards w/ agreement): 5 years (Fla. Stat. § 95.11(2)(b))
- Oral contracts / open accounts: 4 years (Fla. Stat. § 95.11(3))
- Medical debt (effective 2025): 3 years from referral to collections
- Court judgments: 20 years, renewable (Fla. Stat. § 95.11(1))
- Wage garnishment for head-of-household: EXEMPT under §222.11
- Homestead exemption: Unlimited value (0.5 acre urban / 160 acres rural)
⚡ Are you being contacted about an old Florida debt?
Take our quiz to evaluate options including Statute of Limitations defense.
Take the 60-second quiz →Florida has a 5-year Statute of Limitations on most written debt contracts — longer than the 4-year SoL in Texas or California. But Florida compensates with several unique consumer protections: the head-of-household wage garnishment exemption under Florida Statutes § 222.11, an unlimited-value homestead exemption under the Florida Constitution, the FCCPA which covers original creditors, and a recent reform reducing the SoL on collection-referred medical debt to just 3 years.
This guide walks you through the entire Florida debt collection framework: SoL by debt type, the critical distinction between written contracts and open accounts (which determines 5-year vs 4-year SoL), wage and homestead protections, the FCCPA's protections against abusive collection practices, and how to respond if you are sued.
Statute of Limitations by debt type in Florida
| Debt type | Statute of Limitations | Legal source |
|---|---|---|
| Credit card debt (w/ written agreement) | 5 years | Fla. Stat. § 95.11(2)(b) |
| Credit card debt (no agreement / open account) | 4 years | Fla. Stat. § 95.11(3)(k) |
| Medical debt (referred to collections after Jan 1, 2025) | 3 years | Fla. Stat. § 95.11 (2025 reform) |
| Personal loans (written) | 5 years | Fla. Stat. § 95.11(2)(b) |
| Auto loans | 5 years (written) / 4 years (open) | Fla. Stat. § 95.11 |
| Private student loans | 5 years | Fla. Stat. § 95.11(2)(b) |
| Federal student loans | No SoL | Higher Education Technical Amendments 1991 |
| Oral debt agreements | 4 years | Fla. Stat. § 95.11(3)(k) |
| Mortgage deficiency | 1 year after foreclosure | Fla. Stat. § 95.11(5)(h) |
| Court judgments | 20 years, renewable | Fla. Stat. § 95.11(1) |
| State taxes | 5 years from assessment | Fla. Stat. § 95.091 |
| Federal taxes (IRS) | 10 years from assessment | 26 U.S.C. § 6502 |
Written contract vs open account: the 5yr vs 4yr distinction
One of the most important distinctions in Florida debt defense is whether your credit card debt is treated as a written contract (5-year SoL) or an open account (4-year SoL). This single classification can determine whether you owe the debt or whether it is time-barred.
⚠️ The discovery strategy that matters most
Florida courts have held that credit card debt is treated as a written contract only if the creditor can produce the signed cardholder agreement. Without the physical signed agreement, courts may reclassify the debt as an open account, reducing SoL from 5 years to 4 years.
For debts sold to debt buyers years after origination, the original signed agreement is often LOST. This makes the discovery demand for "the original signed cardholder agreement" one of the most effective defense strategies in Florida.
If your debt is from 4-5 years old and you are being sued in Florida, demanding the original signed agreement may convert a barely-timely 5-year case into a time-barred 4-year case, leading to dismissal.
What restarts the clock in Florida
Florida treats acknowledgment of debt differently from many states. Under Florida Statutes § 95.04, the rule depends on whether the SoL has already expired:
| Action | Effect during active SoL | Effect after SoL expired |
|---|---|---|
| Any payment ($1+) | ✅ Restarts clock | ✅ Restarts clock |
| Written + signed acknowledgment | ✅ Restarts clock | ✅ Restarts clock (Fla. Stat. § 95.04) |
| Oral acknowledgment only | May restart clock | ❌ Does NOT restart (Fla. Stat. § 95.04) |
| Settlement agreement signed | ✅ Restarts clock | ✅ Restarts clock |
| New charge on open account | ✅ Restarts clock | N/A (account closed) |
Key insight: Florida's unique protection is that once the SoL has fully expired, only WRITTEN signed acknowledgments restart it. Oral admissions alone do not revive time-barred debt. This protects consumers who may inadvertently admit owing the debt during a recorded collection call.
Safe response template for old debt collection calls: "I do not acknowledge any debt. I am not waiving any defenses. Please cease all telephone contact and communicate in writing only." Never sign anything sent by the collector without legal review.
Head-of-household wage garnishment exemption
Florida's head-of-household exemption under Florida Statutes § 222.11 is one of the most powerful wage protections in the United States. If you qualify, your wages are 100 percent exempt from garnishment for consumer debt.
📋 To qualify as head-of-household under Fla. Stat. § 222.11:
- You must provide more than half the support for a child or other dependent
- The wages must come from "personal labor or services" (not investment income)
- If your net earnings are 750 dollars per week or less: wages are 100 percent exempt automatically
- If your net earnings exceed 750 dollars per week: you can still claim exemption, but you must agree in writing for any garnishment to occur
For non-head-of-household debtors, Florida applies federal wage garnishment limits: the lesser of (1) 25 percent of disposable earnings, or (2) the amount by which disposable earnings exceed 30 times the federal minimum wage hourly rate.
Always-protected income (federal supremacy): Social Security, SSI, VA benefits, federal pensions, and public assistance are protected from most garnishments regardless of head-of-household status.
Florida homestead exemption
Florida's homestead exemption under Article X Section 4 of the Florida Constitution is among the strongest in the United States. Your primary residence is exempt from forced sale for most consumer debts with no dollar limit.
- Within municipality: Unlimited value on up to 0.5 acre (half acre) of contiguous land
- Outside municipality: Unlimited value on up to 160 contiguous acres
- Personal property: Up to 1,000 dollars (4,000 dollars if no homestead claimed)
- Vehicle: Up to 1,000 dollars equity
Requirements to qualify: Establish Florida residency, make the property your permanent home, and have continuously owned and resided in the property for at least 1,215 days before any bankruptcy filing (federal BAPCPA limit, applies only in bankruptcy context). For non-bankruptcy creditor claims, the exemption applies as soon as you establish homestead status.
Exceptions where homestead is NOT protected: mortgage liens (purchase money), property tax liens, federal tax liens, mechanic's liens for work on the homestead, and special assessments.
Florida Consumer Collection Practices Act
The Florida Consumer Collection Practices Act (FCCPA), codified in Chapter 559 Part VI, provides consumer protections that overlap with and in some areas exceed the federal FDCPA.
| Protection | Federal FDCPA | Florida FCCPA |
|---|---|---|
| Applies to original creditors | ❌ No | ✅ Yes |
| Applies to debt collectors | ✅ Yes | ✅ Yes |
| Statute of limitations to sue | 1 year | 2 years |
| Statutory damages per violation | Up to $1,000 | Up to $1,000 |
| Punitive damages allowed | ❌ No | ✅ Yes |
| Attorney fees | ✅ Yes | ✅ Yes |
| "Unconscionable means" prohibited | Limited | ✅ Yes (§ 559.72) |
| Legal source | 15 U.S.C. § 1692 | Fla. Stat. Ch. 559 Pt. VI |
Medical debt: the new 3-year rule (2025 reform)
Effective January 1, 2025, Florida significantly reduced the Statute of Limitations on medical debt that has been referred to a third-party collection agency. The new rules:
- SoL period: 3 years (reduced from the standard 5-year written contract SoL)
- Clock starts: Date the medical debt is referred to a third-party collection agency (NOT date of service)
- Applies to: All medical debt referred to collections on or after January 1, 2025
- Does not apply to: Medical debts collected directly by the original healthcare provider
Practical effect: A hospital bill from 2024 service that gets sent to collections in March 2026 has a SoL expiring March 2029 — much shorter than the previous 5-year period from service date.
How to respond if sued in Florida (6 steps)
Florida courts will NOT automatically dismiss time-barred lawsuits. You must affirmatively raise the Statute of Limitations defense in your written Answer or it is waived under Florida Rule of Civil Procedure 1.110.
📋 6-step response protocol
- Calendar the 20-day answer deadline immediately. When you are served with a summons and complaint in Florida, you have 20 days from personal service to file your Answer (longer for service by publication or outside Florida). Calendar this immediately. Missing the deadline results in a default judgment against you regardless of the merits of the case.
- Verify the debt is yours and the SoL status. Check the date of your last payment on the account. If it has been more than 5 years since your last payment on a written contract (or more than 4 years on an open account), the debt is likely time-barred under Florida Statutes Section 95.11. Critical: under Florida law, only written signed acknowledgments restart the clock once SoL has expired — oral admissions alone do not revive time-barred debt.
- File your Answer with the Statute of Limitations defense. File a written Answer with the court within 20 days. Under Florida Rule of Civil Procedure 1.110, you must affirmatively raise the SoL defense or it is waived. Specifically state: 'The plaintiff's claim is barred by the applicable Statute of Limitations under Florida Statutes Section 95.11.' Also raise general denials of all factual allegations and any other affirmative defenses.
- Demand documentation through discovery. Florida Rules of Civil Procedure 1.350 allow you to demand the collector produce specific documents: original signed credit agreement (which determines whether 5-year or 4-year SoL applies), complete itemized payment history from origination, chain of title documents proving the collector owns the debt, and proof of the date of last payment. Many debt buyers cannot produce these documents, leading to case dismissal.
- Consider FCCPA counterclaims. Under Florida Statutes Section 559.77, you may have counterclaims against the collector for violations of the Florida Consumer Collection Practices Act. Common violations: filing suit on time-barred debt, misrepresenting the debt amount or legal status, contacting at workplace after notice, using unconscionable means. Each violation entitles you to up to 1,000 dollars in statutory damages plus actual damages and attorney fees.
- Attend trial or negotiate settlement. If the case proceeds to trial, the plaintiff bears the burden of proving every element including that the suit was filed within the SoL period. If they cannot prove last payment was within 5 years (or 4 years for open accounts), you should prevail. Many cases settle before trial — even on weak cases, plaintiffs often offer 10-30 percent settlements. Never sign a settlement that includes a written reaffirmation of the debt without legal advice, as this restarts the SoL under Florida Statutes Section 95.04.
Florida vs other major states
| Protection | Florida | Texas | California |
|---|---|---|---|
| SoL on credit card (written) | 5 years | 4 years | 4 years |
| SoL on open account | 4 years | 4 years | 4 years |
| Medical debt SoL | 3 years (collections) | 4 years | 4 years |
| Court judgment validity | 20 years | 10 years | 10 years |
| Oral admission restarts after expiry | ❌ No | ❌ No (debt buyers) | Possibly yes |
| Wage garnishment (consumer debt) | Head-of-household exempt | Prohibited | 25% allowed |
| Homestead exemption | Unlimited (0.5/160 acres) | Unlimited (10/100/200 acres) | ~$700K |
| State debt collection law | FCCPA | TDCA | Rosenthal Act |
For full state-specific guidance, see our California debt collection laws guide or Texas debt collection laws guide.
Finding legal help in Florida
| Resource | Best for | Contact |
|---|---|---|
| The Florida Bar LRS | Find consumer attorneys statewide | floridabar.org |
| Florida Legal Services | Low-income debtors statewide | floridalegal.org |
| Bay Area Legal Services | Low-income (Tampa region) | bals.org |
| Legal Aid Service of Broward | Low-income (Broward County) | legalaid.org |
| Coast to Coast Legal Aid | Low-income (South Florida) | coasttocoastlegalaid.org |
| NACA | FDCPA/FCCPA litigation attorneys | consumeradvocates.org |
Many Florida consumer protection attorneys take debt defense cases on contingency or no-upfront-fee basis. They earn fees by winning FCCPA/FDCPA damages against collectors or by saving you the judgment amount.
Frequently asked questions
What is the Statute of Limitations on debt in Florida?
In Florida, the Statute of Limitations on most consumer debt is 5 years for written contracts (including credit cards with a signed agreement) under Florida Statutes Section 95.11(2)(b), and 4 years for oral contracts or open accounts under Section 95.11(3). Medical debt has a 3-year SoL from the date of referral to collections under recent reforms effective January 2025. Court judgments are valid for 20 years under Section 95.11(1) — one of the longest periods in the United States. The clock starts on the date of last payment or account default.
Does Florida treat credit card debt as written or oral contract?
It depends on whether the creditor can produce a signed cardholder agreement. If they can produce the signed agreement, Florida courts treat credit card debt as a written contract with a 5-year SoL. If they cannot produce it (which is common for old accounts or debts sold to debt buyers), the court may classify it as an open account with only a 4-year SoL. This distinction is often disputed in court and is one of the most effective discovery strategies for Florida debt defense — demanding the original signed agreement may convert a 5-year SoL into a 4-year SoL.
Can Florida creditors garnish my wages for credit card debt?
It depends on your household status. Florida has a unique HEAD-OF-HOUSEHOLD exemption under Florida Statutes Section 222.11: if you are the primary financial supporter of a dependent and your net earnings are under 750 dollars per week, your wages are 100 percent exempt from garnishment for consumer debt. If your net earnings exceed 750 dollars per week, you can still claim the exemption but must agree in writing for any garnishment to occur. For NON-head-of-household, federal limits apply: 25 percent of disposable earnings OR earnings exceeding 30 times federal minimum wage, whichever is less.
Is my Florida home protected from debt collectors?
Yes. Florida has one of the strongest homestead exemptions in the United States under the Florida Constitution Article X Section 4. Your primary residence is exempt from forced sale for most consumer debt with unlimited dollar value — up to 0.5 acre within a municipality or 160 acres outside. To qualify, you must establish Florida residency and make the property your permanent home. Exceptions where homestead is NOT protected: mortgage liens, property tax liens, federal tax liens, mechanic's liens for work on the homestead, and special assessments.
What is the Florida Consumer Collection Practices Act?
The Florida Consumer Collection Practices Act (FCCPA), codified in Chapter 559 Part VI of the Florida Statutes, provides consumer protections that overlap with and in some ways exceed the federal FDCPA. Key differences: (1) FCCPA applies to BOTH original creditors and third-party collectors, while FDCPA only covers third-party collectors; (2) Statutory damages of up to 1,000 dollars per violation plus actual damages; (3) Statute of limitations to sue collector is 2 years (double the federal 1-year period); (4) Cannot communicate at the consumer's place of employment if they know it's prohibited; (5) Cannot use unconscionable means to collect or attempt to collect any debt.
How do I respond if I am sued for old debt in Florida?
You typically have 20 days from being served with a summons to file an Answer with the court (longer for service outside Florida). Florida courts will NOT automatically dismiss time-barred lawsuits — you must affirmatively raise the Statute of Limitations as an affirmative defense in your written response under Florida Rule of Civil Procedure 1.110. In your Answer, specifically state: 'The plaintiff's claim is barred by the Statute of Limitations under Florida Statutes Section 95.11.' Also demand the collector produce: original signed credit agreement, complete payment history, chain of title proving they own the debt, and proof of last payment date.
What restarts the Statute of Limitations in Florida?
Under Florida law, the SoL can be restarted by: (1) Making any payment on the debt, even one dollar (most common trap); (2) Written acknowledgment of the debt signed by the debtor under Florida Statutes Section 95.04; (3) Written promise to pay; (4) New charge on an open account. Important distinction from California: under Florida Statutes Section 95.04, oral acknowledgments alone do NOT restart the clock once the limitations period has fully expired. Only WRITTEN signed acknowledgments restart SoL for time-barred debt. This provides some protection against collectors who try to extract verbal admissions.
What is the medical debt Statute of Limitations in Florida?
Effective January 1, 2025, medical debt in Florida has a special 3-year Statute of Limitations under the new medical debt reform legislation. Importantly, the 3-year clock begins on the date the medical debt is referred to a third-party collection agency, NOT the date of service. So if a hospital refers an unpaid bill on March 15, 2026, the lawsuit deadline would be March 15, 2029. This is shorter than the standard 5-year SoL and is one of the most consumer-friendly medical debt rules in the United States. It applies to debts referred to collections on or after January 1, 2025.
Are federal student loans subject to the Florida Statute of Limitations?
No. Federal student loans (Direct Loans, FFEL Program loans, Perkins Loans) have NO statute of limitations under federal law per the Higher Education Technical Amendments of 1991. They can be collected indefinitely through wage garnishment, tax refund offsets, and Social Security garnishment. Private student loans are subject to Florida's standard 5-year SoL for written contracts. Federal student loan rehabilitation or consolidation can resolve default status and stop active collection.
How long can debt collectors collect after a court judgment in Florida?
Florida court judgments are valid for 20 years under Florida Statutes Section 95.11(1) — one of the longest periods in the United States. Additionally, the judgment can be renewed for another 20-year period by filing a new action before the original expiration. During this time, the creditor can attempt to collect through bank account levies, property liens (excluding homestead), and other post-judgment remedies. Florida judgments also accrue interest at the statutory rate set quarterly by the Florida Department of Financial Services.
Should I hire a Florida debt defense attorney if sued?
Strongly recommended for any debt over 5,000-10,000 dollars, especially if SoL, FDCPA, or FCCPA defenses may apply. Many Florida consumer attorneys take debt defense cases on contingency or with no upfront fees — they collect from FCCPA/FDCPA violations or by saving you the judgment amount. Resources: The Florida Bar Lawyer Referral Service (floridabar.org), Florida Legal Services for low-income debtors (floridalegal.org), Bay Area Legal Services for Tampa region, Legal Aid Service of Broward County, and the National Association of Consumer Advocates (consumeradvocates.org). For small claims (under 8,000 dollars), you can also self-represent using free Florida court forms.
Related guides
- New York Debt Collection Laws & SoL 2026
- Pennsylvania Debt Collection Laws & SoL 2026
- Illinois Debt Collection Laws & SoL 2026
- Free Quiz: Should you settle, consolidate, or file bankruptcy?
- California Debt Collection Laws & SoL 2026
- Texas Debt Collection Laws & SoL 2026
- Form 982 Insolvency Worksheet
- The 1099-C Tax Bomb After Settlement
- Settlement vs Consolidation vs Bankruptcy
Disclaimer: This article is educational content based on the Florida Statutes Chapter 95, Florida Statutes Chapter 559 Part VI (FCCPA), Florida Rules of Civil Procedure, federal FDCPA (15 U.S.C. § 1692), and Florida court decisions. It is not legal advice. The author is not a licensed Florida attorney. Florida debt law has nuances depending on the specific facts of your case, the type of debt, the originator of the debt, and the timing of events. For your specific situation — especially if you have been sued — consult a licensed Florida debt defense attorney before taking action.