Florida Debt Statute of Limitations: How Long Can a Creditor Sue You?
What this article does not decide
Florida does not use one single limitations period for every debt-related lawsuit. The period depends on the type of legal claim the creditor brings. Florida Statutes section 95.11 lists a five-year period for an action on a contract, obligation, or liability founded on a written instrument, and a four-year period for a contract, obligation, or liability not founded on a written instrument, including actions involving sale and delivery of goods and store accounts. [1]
Florida also has a separate three-year provision for an action to collect certain medical debt — specifically, medical debt for services rendered by a facility licensed under chapter 395. That provision runs from the date the facility refers the debt to a third party for collection. [1]
The number of years is only one part of the question. Except where a statute provides otherwise, Florida says the limitations period runs from the time a cause of action accrues, and a cause of action accrues when its last required element occurs. [2] That is why the age of a debt, by itself, does not establish whether a particular lawsuit is or is not timely.
| Claim category in the statute | Period stated in § 95.11 |
|---|---|
| Contract, obligation, or liability founded on a written instrument | 5 years [1] |
| Contract, obligation, or liability not founded on a written instrument, including sale-and-delivery claims and store accounts | 4 years [1] |
| Medical debt for services rendered by a facility licensed under chapter 395 | 3 years, measured as § 95.11(4) provides [1] |
| Action on a judgment or decree of a Florida court of record | 20 years [1] |
Why this page exists
Our broader guide to being sued over debt in Florida explains what happens when a person is sued and gives a brief summary of Florida’s five-year and four-year limitations categories. This page answers the narrower question: which statutory categories appear in Florida’s limitations law, and why does the limitations clock require more than simply counting from the first missed payment.
It does not explain how to respond to a lawsuit, identify a defense in an individual case, calculate a particular deadline, discuss credit-reporting periods, or decide whether a creditor may legally collect a debt outside court.
What a statute of limitations does in this context
Section 95.11 uses the phrase “within” a stated number of years for various actions. In the debt-related categories relevant here, it describes the time for commencing particular types of civil actions. [1]
The statute does not label every consumer account in the same way. Instead, it distinguishes, among other categories, an action founded on a written instrument from an action not founded on a written instrument, including sale-and-delivery claims and store accounts. [1]
Plain-English point: The statutory category of the legal claim matters. A label such as “credit card debt,” “medical bill,” or “old account” does not, on its own, identify the correct limitations period.
The five-year category: written instruments
Florida Statutes section 95.11(2)(b) provides a five-year limitations period for a legal or equitable action on a contract, obligation, or liability founded on a written instrument, subject to exceptions identified in that provision. [1]
A written instrument is the phrase used by the statute. The statute itself supplies the five-year category; it does not say that every account with a document, statement, application, or later collection notice automatically falls into that category. The legal characterization of a specific claim may depend on the documents and allegations involved.
For that reason, this article does not categorize any reader’s debt as a written-instrument claim. It explains only that Florida’s statute has a five-year category using that language. [1]
The four-year category: claims not founded on a written instrument
Section 95.11(3)(j) provides a four-year limitations period for a legal or equitable action on a contract, obligation, or liability not founded on a written instrument. The same provision expressly includes actions for the sale and delivery of goods, wares, and merchandise, and actions on store accounts. [1]
This is why a general online statement that “Florida’s debt statute of limitations is five years” can be incomplete. The statute contains a separate four-year category for claims not founded on a written instrument, including the specific examples in section 95.11(3)(j). [1]
The statute identifies the categories. It does not allow a general article to decide which category a particular collector, creditor, or lawsuit has properly used.
A separate three-year rule for certain medical-debt actions
Section 95.11(4) states that an action to collect medical debt for services rendered by a facility licensed under chapter 395 must be commenced within three years. The provision states that this period runs from the date on which the facility refers the medical debt to a third party for collection. [1]
This is a narrow statutory provision. It concerns medical debt for services rendered by a facility licensed under chapter 395 and uses the referral-to-third-party-for-collection date described in the statute. [1]
It should not be turned into a blanket statement that all health-related bills, all medical providers, or every medical-debt claim has the same three-year period. The statutory language identifies the type of services and facility to which this particular provision applies. [1] Our guide to Miami-Dade medical debt relief covers the separate question of automatic relief programs.
Why the clock cannot be calculated from debt age alone
Florida’s general computation rule says that, except as otherwise provided, the time for beginning an action under a statute of limitations runs from when the cause of action accrues. It defines accrual as the time when the last element constituting the cause of action occurs. [2]
That rule is the reason a simple question such as “My account is six years old — is it too old to sue on?” has no universal answer in a general article. A reader may need to identify the asserted legal claim, the documents involved, and the facts relevant to when that claim accrued. This article does not make that determination.
The separate medical-debt provision illustrates the same point. For the limited medical-debt category in section 95.11(4), the statute expressly identifies the date of referral to a third party for collection as the point from which its three-year period runs. [1]
A judgment is a different category from the original debt claim
Section 95.11(1) provides a 20-year period for an action on a judgment or decree of a court of record in Florida. [1]
This is not the same statutory category as a lawsuit on the original contract, account, or medical debt. A reader who sees a judgment in court records is looking at a different legal stage from a reader who is asking about the time for filing an original debt claim. For what that difference actually looks like in a case file, see our companion article on what a default judgment is in a Florida debt lawsuit.
The distinction helps explain why an older underlying debt and a later judgment should not be treated as identical questions.
Questions the statutes make relevant
The statutes point to several questions that a reader may want to investigate in official records or with a qualified professional:
| Question | Why it is relevant |
|---|---|
| What legal claim does the complaint or court document identify? | Section 95.11 uses different limitations categories for different actions. [1] |
| Is the claim described as founded on a written instrument or not founded on one? | The statute places those categories in different subsections with different periods. [1] |
| Is the debt within the limited medical-debt category in section 95.11(4)? | The statute states a separate three-year period for that specified category. [1] |
| What event is relevant to accrual under the applicable claim? | Section 95.031 generally measures limitations time from accrual. [2] |
| Does the record concern an original debt claim or an existing Florida court judgment? | Section 95.11 lists a separate 20-year category for an action on a Florida court-of-record judgment. [1] |
These are research questions, not a checklist for reaching an individual legal conclusion.
The lawsuit clock and the limitations period are different
A statute of limitations addresses the period for commencing an action. If a lawsuit has already been filed or court papers have been served, the court documents may identify separate procedural dates. Those dates are not automatically the same as the limitations issue addressed in sections 95.11 and 95.031.
The distinction matters because a reader can have two different questions at once: one about the legal category and accrual framework for a claim, and another about a date stated in an actual court document. This article explains the first question only.
Miami-Dade local assistance
The organization’s availability for a particular person or issue is not guaranteed, and the organization — not this article — determines what assistance it can provide.
For a Miami-Dade resident who has a case-specific limitations question or court papers, a qualified lawyer or an appropriate legal-aid screening process can help interpret the actual complaint, account documents, and relevant dates. Our verified directory of Miami-Dade legal aid organizations is a starting point. This article does not substitute for that review.
Common misunderstandings
“All Florida debt lawsuits have a five-year statute of limitations.”
“A debt that is old enough automatically cannot be sued on.”
“Every medical bill has a three-year limitations period.”
“The limitations period for an original debt claim is the same as the period for a judgment.”
“A collection letter tells me which statute-of-limitations category applies.”
Frequently asked questions
How long can a creditor sue on a written contract in Florida?
Section 95.11(2)(b) provides a five-year period for a legal or equitable action on a contract, obligation, or liability founded on a written instrument, subject to stated exceptions. [1]
How long can a creditor sue on a store account or claim not founded on a written instrument?
Section 95.11(3)(j) provides a four-year period for a legal or equitable action on a contract, obligation, or liability not founded on a written instrument. It expressly includes actions for sale and delivery of goods, wares, and merchandise and actions on store accounts. [1]
Does Florida have a separate medical-debt limitations period?
Yes. Section 95.11(4) states a three-year period for an action to collect medical debt for services rendered by a facility licensed under chapter 395, measured from the referral-to-third-party-for-collection date stated in the statute. [1]
When does the statute of limitations begin to run?
Except as otherwise provided, section 95.031 says the time runs from accrual, and a cause of action accrues when its last element occurs. [2] Applying that rule to a specific account or lawsuit requires the relevant facts and documents.
Does a judgment have the same time limit as an original debt lawsuit?
No. Section 95.11(1) provides a separate 20-year period for an action on a judgment or decree of a Florida court of record. [1]
Sources
[1]: Florida Legislature, Florida Statutes § 95.11. [2]: Florida Legislature, Florida Statutes § 95.031. [3]: Legal Services of Greater Miami, Consumer Protection.