State file — Florida

Florida debt collection: the deadlines and limits that decide your case

Every number below names the law it comes from (its statute citation), checked October 18, 2026. Where a number comes from a secondary source instead of the official text, this page says so — double-check it before you rely on it.

How long they have to sue you — credit-card debt5 years (written contract) / 4 years (open account) · Fla. Stat. §95.11(2)(b); §95.11(3)(k) (renumbered (3)(j) in the 2024 statutes)
Written-instrument actions: 5 years (§95.11(2)(b)); actions on a contract not founded on a written instrument, including store accounts: 4 years — both read on flsenate.gov this pass.
Contested: Card debt is 5 years if the action is founded on the written cardholder agreement and 4 years if pleaded as an open/store account not founded on a written instrument; which period applies turns on the proof the creditor files, so both numbers circulate in roundups.
If the clock has run outSigning a written statement that the debt is yours — or a signed promise to pay — can restart it. Paying alone cannot.
Fla. Stat. §95.04 From a secondary source — double-check before you rely on it
A promise to pay a debt barred by limitations must be in a writing signed by the person to be charged. Secondary sources also report that a part payment before the period expires can toll/restart it under §95.051; a payment alone after the debt is already barred is not enough.
Deadline to answer a lawsuit20 days after service of the original summons and complaint in county/circuit court (small-claims pretrial conference substitutes for a written answer in many small-claims cases) · Fla. R. Civ. P. 1.140(a) From a secondary source — double-check before you rely on it
Taking your paycheck (wage garnishment)More protective than the federal cap. Head-of-family exemption (the statute is §222.11, not §222.18 — §222.18 covers disability benefits): all disposable earnings of a head of family earning $750/week or less are exempt, and earnings above $750/week still cannot be garnished unless the debtor signed a compliant written waiver; even then the federal CCPA ceiling caps the take. Non-heads of family get the federal 25%/30x-minimum-wage ceiling only. gov.
Fla. Stat. §222.11(2)
Taking your bank account (a levy)Head-of-family wages stay exempt for 6 months after deposit in a bank account if traceable (§222.11(3), read on flsenate.gov). Other bank-fund protection: the §222.25 personal-property exemption ($1,000, rising to $4,000 of additional wildcard room for a debtor who does not claim a homestead), plus exempt pension, disability (§222.18), and benefit funds.
Fla. Stat. §§222.11(3), 222.25
Federal benefits deposited directly get an automatic two-month shield everywhere (31 CFR Part 212).
Original creditor calling?Yes — the Florida Consumer Collection Practices Act (FCCPA) (Fla. Stat. §§559.55-559.785 (§559.72)) applies FDCPA-style rules to original creditors. §559.72's list of prohibited practices applies to 'any person' collecting a consumer debt, which Florida courts and commentators read to include original creditors collecting their own debts — broader than the federal FDCPA.
How long a judgment lasts20 years — Not renewable — 20 years is the period for an action on a judgment of a court of record (§95.11(1), read on flsenate.gov); a judgment lien is certified/recorded in 10-year increments within that life · Fla. Stat. §95.11(1); §55.10

Run my dates through the free checker

Card agreements often pick another state's law (Delaware for Chase, Bank of America, Discover, Barclays; South Dakota for Citi and Wells Fargo). A court may use the shorter of the two deadlines, under a rule called a borrowing statute — the free checker works out both clocks for you.

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  • The letter builder — answer a few questions and it writes your letters: the one that makes them prove the debt is yours, and the one that orders them to stop calling. Wording follows the federal rulebook (Regulation F). Ready to print and mail
  • The old-debt trap worksheet — checks your dates against your state's restart rule before you pay or sign anything, so one small payment can't quietly restart the clock on an old debt (the trap lawyers call 'revival')
  • The call log — counts their calls against the legal line: more than 7 calls in 7 days about one debt counts as harassment (12 CFR 1006.14(b)(2))
  • The 'what they can't take' pack — what a court judgment can and cannot take in your state, including the rule that shields two months of federal benefits sitting in your bank account (31 CFR Part 212)
  • The offer-math worksheet — what a 'deal' really costs once fees and the tax on the written-off part are counted (that tax shows up on Form 1099-C)
  • The complaint walkthrough and the honest directory — who to call instead when a free or better route fits you

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Quick answers

What is the statute of limitations on credit card debt in Florida?

5 years (written contract) / 4 years (open account) under Fla. Stat. §95.11(2)(b); §95.11(3)(k) (renumbered (3)(j) in the 2024 statutes). The clock usually starts at the first missed payment that was never made up. Debt collectors may still call after it runs out, but Regulation F (12 CFR 1006.26(b)) bars them from suing — or threatening to sue — over a debt that is too old (time-barred).

Can paying a little restart the clock in Florida?

Signing a written statement that the debt is yours — or a signed promise to pay — can restart it. Paying alone cannot. (Fla. Stat. §95.04).

How long do I have to answer a debt-collection lawsuit in Florida?

20 days after service of the original summons and complaint in county/circuit court (small-claims pretrial conference substitutes for a written answer in many small-claims cases) (Fla. R. Civ. P. 1.140(a)). Most of these cases are lost by default — by never answering at all.

Can a debt collector garnish my wages in Florida?

Head-of-family exemption (the statute is §222.11, not §222.18 — §222.18 covers disability benefits): all disposable earnings of a head of family earning $750/week or less are exempt, and earnings above $750/week still cannot be garnished unless the debtor signed a compliant written waiver; even then the federal CCPA ceiling caps the take. Non-heads of family get the federal 25%/30x-minimum-wage ceiling only. gov. (Fla. Stat. §222.11(2)).

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