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Statute of Limitations on Debt in Florida

In Florida, a creditor generally has 5 years to sue on a written contract or a promissory note and 4 years on an oral contract or a store account.

Last checked . General information, not legal advice.

Florida at a glance

Written contracts
5 years
Oral contracts
4 years
Promissory notes
5 years
Florida's negotiable instruments law sends note claims to chapter 95, where a written instrument has 5 years.
Open accounts
4 years
The 4-year rule names store accounts and other obligations not founded on a written instrument.

Sources

Last checked

The rules in Florida

What is the statute of limitations for a written contract in Florida?

Written contracts in Florida: 5 years.

What is the statute of limitations for an oral contract in Florida?

Oral contracts in Florida: 4 years.

What is the statute of limitations on a promissory note in Florida?

Promissory notes in Florida: 5 years. Florida's negotiable instruments law sends note claims to chapter 95, where a written instrument has 5 years.

What is the statute of limitations on an open account, such as a credit card, in Florida?

Open accounts in Florida: 4 years. The 4-year rule names store accounts and other obligations not founded on a written instrument.

Where do the Florida statutes of limitations on debt come from?

The rules above come from Fla. Stat. 95.11(2)(b), Fla. Stat. 95.11(3)(j) and Fla. Stat. 673.1181. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The clock usually starts when the debt is breached, which for a loan or account is often the date of the missed payment or the last payment made. In some states a new payment or a written acknowledgment of the debt can restart or extend the period, so the starting date matters as much as the length.

A statute of limitations is generally a defense the person being sued has to raise. If a lawsuit on an old debt is filed and nobody responds, the court can enter a judgment even if the period had expired. Judgments have their own, separate enforcement periods.

Which state's deadline applies is not always obvious. Contracts may contain a choice of law clause, and some states have borrowing statutes that apply a shorter period from another state. Federal rules also bar debt collectors from suing or threatening to sue on time-barred consumer debt. For a specific dispute, check the statute and consider talking to an attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.