In Florida, collectors generally have 5 years to sue on a written contract and 4 years on oral debts and open accounts (Fla. Stat. § 95.11). Suits on time-barred debt can be defeated if you raise the defense. Garnishment requires a judgment first, and Florida's head-of-family exemption can protect your entire paycheck. The FDCPA and Florida's own FCCPA apply on top.
Florida gives consumers two layers of protection most people never hear about: a state collection law (the FCCPA) that reaches even your original creditor, and a head-of-family garnishment exemption that can put your whole paycheck off-limits. This guide covers the deadlines for collectors to sue, what they can take if they win, and the mistake that restarts the clock — with every rule cited to the statute.
Florida's deadlines come from Fla. Stat. § 95.11: 5 years for actions on a written contract, 4 years for obligations not founded on a written instrument — which includes oral agreements and open accounts.
| Debt type | Time limit | Florida statute |
|---|---|---|
| Written contract | 5 years | Fla. Stat. § 95.11(2)(b) |
| Credit card debt | 5 years (written agreement) or 4 years (open account) | Fla. Stat. § 95.11(2)(b) / § 95.11(3) |
| Oral agreement | 4 years | Fla. Stat. § 95.11(3) |
| Open account / store account | 4 years | Fla. Stat. § 95.11(3) |
| Promissory note | 5 years | Fla. Stat. § 95.11(2)(b) |
Credit cards deserve an honest word, because Florida courts have gone both ways. If the creditor sues on the signed cardmember agreement itself, the claim is generally treated as a written contract — 5 years. If the collector can't produce that written agreement and instead sues on an "account stated" or open-account theory, the 4-year period may apply. Which period governs your account depends on the paperwork the collector actually has — and debt buyers, who purchase old accounts for pennies on the dollar, often cannot produce the original agreement at all. That's a question worth having an attorney evaluate before you assume anything.
The clock generally starts at default — the first missed payment never brought current. After the period runs, the debt is "time-barred." Collectors can still ask you to pay, but they cannot win in court if you raise the statute of limitations as a defense. It's an affirmative defense: you must respond to the lawsuit and raise it yourself, or the court can enter a default judgment against you even on a time-barred debt.
Yes, but only after suing you and winning a judgment — and Florida's head-of-family exemption is among the strongest wage protections in the country (Fla. Stat. § 222.11).
Two important cautions. First, the exemption is not automatic: after a garnishment starts you generally must file a claim of exemption, on time, to assert head-of-family status. Second, bank accounts are a separate target — a judgment creditor can seek to freeze and levy an account, though wages that qualified as head-of-family earnings keep some protection for six months if traceable (§ 222.11(3)), and federal benefits like Social Security remain protected. Florida also protects your homestead from forced sale for most consumer debts under Article X, Section 4 of the Florida Constitution.
If you've received a garnishment notice, deadlines are short. An attorney can help you claim exemptions and, in some cases, challenge the underlying judgment itself — for example, if you were never properly served.
A single payment on an old debt can revive it. Under Fla. Stat. § 95.051(1)(f), a payment on the obligation tolls the limitations period — and a written acknowledgment of the debt can have the same effect.
This is why collectors on old accounts press for a small "good faith" payment of $5 or $10, or ask you to confirm the balance in writing. That token payment can hand them a fresh window to sue you on a debt that was legally dead.
Before you pay anything — or sign anything — on an account that has been sitting for years, get the dates checked. An attorney can review whether the debt is time-barred and whether you legally owe it at all, at no upfront cost to you.
Floridians are protected by both federal and state collection law. The federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. § 1692 et seq.) applies to third-party collectors and debt buyers. Under it, collectors:
Each FDCPA violation can be worth up to $1,000 to you in statutory damages, and the law can require the collector to pay the attorney's fees.
Florida adds the Florida Consumer Collection Practices Act (FCCPA, Fla. Stat. § 559.55 et seq.) — and its reach is broader than the FDCPA's in a crucial way: it applies to any person collecting a consumer debt, including original creditors like the credit card company itself. Among other things, § 559.72 prohibits threatening force, publishing "deadbeat lists," impersonating law enforcement, contacting you at work after being told your employer objects, communicating with you knowing you're represented by an attorney, and claiming or threatening to enforce a legal right the collector knows doesn't exist — which is how suing on a known time-barred debt can itself become a violation. Consumers can recover actual damages, statutory damages up to $1,000, and attorney's fees (§ 559.77). Out-of-state "consumer collection agencies" must also register with Florida's Office of Financial Regulation (§ 559.553).
If a collector calling you in Florida has crossed any of these lines, those violations can become leverage in your favor. Start with our complete guide to your rights for the federal picture.
Laws current as of July 2026 — statutes change; an attorney can confirm what applies to your situation. This page is general information, not legal advice.
Find out whether your debt is time-barred, whether the collector broke the law, and what your options are. The review is free.
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Generally 5 years for debts based on a written contract and 4 years for oral agreements and open accounts (Fla. Stat. § 95.11). The clock generally starts at default — your first missed payment that was never brought current.
It depends on the paperwork. A claim brought on the written cardmember agreement is generally treated as a written contract — 5 years (§ 95.11(2)(b)). If the collector can't produce the written agreement and sues on an open-account theory instead, the 4-year period (§ 95.11(3)) may apply. Debt buyers often can't produce the original agreement, which is exactly the kind of weakness an attorney can challenge.
The debt doesn't vanish, and collectors can still ask you to pay. But they can't win a lawsuit once you raise the statute of limitations as a defense. It's an affirmative defense — you must respond to the suit and raise it, or the collector can take a default judgment anyway. And under FCCPA § 559.72(9), asserting a legal right the collector knows doesn't exist is itself unlawful.
Only after winning a judgment — and if you're a head of family (you provide more than half the support for a child or other dependent) earning $750 a week or less in disposable earnings, your wages can't be garnished at all. Above $750 a week, a head of family can only be garnished with a written agreement (Fla. Stat. § 222.11). Others fall under the federal 25% limit. You generally must file a claim of exemption to assert this — the deadlines are short.
Yes, it can. Under Fla. Stat. § 95.051(1)(f), a payment on the obligation tolls the limitations period, and a written acknowledgment can have the same effect. A small payment on an old account can hand the collector a fresh window to sue. Have an attorney confirm whether a debt is time-barred before paying anything on it.
Yes. The Florida Consumer Collection Practices Act (Fla. Stat. § 559.55 et seq.) applies to any person collecting a consumer debt — including original creditors, which the federal FDCPA generally doesn't reach. Violations can support statutory damages up to $1,000 plus actual damages and attorney's fees (§ 559.77).