Last updated November 6, 2026
In a typical case, a Royal Palm Beach retiree opens a letter in October 2026 from a company she has never heard of. It says she owes $3,400 on a store credit card she last paid in March 2019. The last line says the account "may be referred for legal action."
The statute of limitations on debt in Florida is five years for a debt founded on a written instrument and four years for one that is not, including store accounts. § 95.11(2)(b), (3)(j), Fla. Stat. After the period runs, the debt still exists. But a debt collector may not sue, or threaten to sue, to collect it. 12 C.F.R. § 1006.26(b). This post is by Darren Newhart, a consumer protection attorney with Newhart Legal, P.A. in Loxahatchee, Florida.
How long is the statute of limitations on debt in Florida?
It depends on what the debt rests on. Florida law sets three periods that matter for consumer debts.
Five years applies to an action on a contract, obligation, or liability founded on a written instrument. § 95.11(2)(b). A signed loan agreement or retail installment contract is the usual example.
Four years applies to a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods and on store accounts. § 95.11(3)(j).
Twenty years applies to an action on a judgment of a Florida court of record. § 95.11(1). A debt that has already been reduced to a judgment is on a different clock from a debt that has not.
Credit card debt does not fit neatly in one box. Collectors plead these claims more than one way, and which period applies is often disputed in the case itself.
When does the statute of limitations start on a debt?
When the claim accrues. Under Florida law, a cause of action accrues when the last element constituting the cause of action occurs. § 95.031(1). For most consumer debts that is the default, not the day the account was opened.
Two other statutes can move the date. Payment of any part of the principal or interest on an obligation founded on a written instrument tolls the limitations period. § 95.051(1)(f). And an acknowledgment of, or promise to pay, a debt that is already barred must be in writing and signed by the person charged. § 95.04.
What a consumer says, pays, or signs can affect a case against a collector. The account's payment history is usually the first record that matters.
Can a debt collector still collect a time-barred debt?
It can ask. It cannot sue or threaten to. Federal Regulation F says a debt collector must not bring or threaten to bring a legal action against a consumer to collect a time-barred debt. 12 C.F.R. § 1006.26(b). The rule covers debt collectors, including companies that buy old accounts. Its one exception is a proof of claim filed in a bankruptcy case.
The letter in the example above crosses that line. A store card last paid in March 2019 is past both the four-year and the five-year period by October 2026. A warning that the account "may be referred for legal action" is a threat to do what the rule forbids.
A lawsuit on an old debt does not stop itself. In Florida the statute of limitations is an affirmative defense, which means the person sued has to raise it. Fla. R. Civ. P. 1.110(d). A collection suit that goes unanswered can end in a default judgment even when the debt was time-barred, and a judgment carries its own 20-year period.
Florida law adds its own rule. Under the Florida Consumer Collection Practices Act, no person collecting a consumer debt may assert a legal right that the person knows does not exist. § 559.72(9), Fla. Stat. That statute reaches original creditors as well as collectors. More on both laws is on the debt collector harassment page.
Does a time-barred debt come off my credit report?
Not because of the statute of limitations. Credit reporting runs on a separate federal clock. Under the Fair Credit Reporting Act, an account placed for collection or charged off can be reported for seven years, and that period starts 180 days after the delinquency began. 15 U.S.C. § 1681c(a)(4), (c)(1).
The two clocks rarely end on the same day. The store card in the example is too old to sue on in Florida and can still appear on a credit report. When a collector reports a debt past the federal period, or reports a later delinquency date than the real one, that is a credit report error.
What can I recover if a collector sues on a time-barred debt?
Under the federal Fair Debt Collection Practices Act, a consumer can recover actual damages, additional damages of up to $1,000, and costs and a reasonable attorney's fee. 15 U.S.C. § 1692k(a). The claim must be filed within one year of the violation. § 1692k(d).
Under the Florida act, a consumer can recover actual damages, additional statutory damages of up to $1,000, punitive damages the court may award, and court costs and reasonable attorney's fees. § 559.77(2), Fla. Stat. The claim must be filed within two years of the violation. § 559.77(4).
The collection letter, the envelope it came in, the payment history, and any court papers are the core evidence in these cases. A related post covers a debt collector calling about a debt that isn't yours.
I am Darren Newhart, a consumer protection attorney in Loxahatchee, Florida. Newhart Legal, P.A. brings cases against debt collectors for consumers in Palm Beach County and across South Florida. Consultations are free, by phone or email.
Questions people ask
Is a debt erased after the statute of limitations runs in Florida?
No. The statute of limitations limits lawsuits, not the debt itself. The debt remains and a collector may still ask for payment. A debt collector may not sue or threaten to sue to collect it. 12 C.F.R. § 1006.26(b).
Does a payment restart the statute of limitations on a debt in Florida?
Florida law tolls the limitations period on an obligation founded on a written instrument when any part of the principal or interest is paid. § 95.051(1)(f), Fla. Stat. A promise to pay a debt that is already time-barred counts only if it is in writing and signed by the person charged. § 95.04.
How long can a debt stay on my credit report?
An account placed for collection or charged off can be reported for seven years, starting 180 days after the delinquency began. 15 U.S.C. § 1681c(a)(4), (c)(1). That federal period is separate from Florida's statute of limitations on lawsuits.