Credit Card Debt Statute of Limitations in Florida

Last verified 2026-07 · Source: Fla. Stat. § 95.11(2)(b) ✓ verified · 3 sources

Under Fla. Stat. § 95.11(2)(b), you have 5 years from Date of default — the first missed payment (breach) that is never cured; some courts key off the date of last activity/last payment. Not a discovery-based accrual. to sue over unpaid credit card debt in Florida. Miss it and you lose the right to sue — but several Florida-specific exceptions can extend (or shorten) that window, detailed below.

Florida Deadlines for Related Claims

When the Clock Starts

In Florida, the limitations period for credit card debt collection generally begins on Date of default — the first missed payment (breach) that is never cured; some courts key off the date of last activity/last payment. Not a discovery-based accrual.. Florida does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Exceptions That Can Extend the Deadline

• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.

HEADLINE = 5 years. Credit-card debt in Florida is founded on a written cardholder agreement, so it is a 'contract founded on a written instrument' governed by the 5-year period, § 95.11(2)(b). This is the period a court applies in the typical original-creditor suit where the written agreement is produced (Fla. R. Civ. P. 1.130 requires the writing be attached). CATEGORY NUANCE / the 4-vs-5 split: where the plaintiff (usually a debt-buyer) cannot produce the signed cardholder agreement and sues on an 'open account' / 'account stated' theory, courts apply the 4-year period for a contract 'not founded on a written instrument ... and on store accounts,' § 95.11(3)(j). So 5 years is the correct maximum-exposure deadline for credit-card debt; 4 years is the fallback when no writing exists. REVIVAL TRAP (Florida ALLOWS revival): under § 95.04 a new promise or a written acknowledgment of the debt signed by the debtor restarts the clock, and Florida courts also hold that a voluntary partial payment on a debt founded on a written instrument tolls/restarts the period (even a small 'good-faith' payment can revive an about-to-expire debt). Oral acknowledgment alone is not enough. Florida has NOT adopted a New-York-style (CPLR 214-i) anti-revival bar. gov_claim_notice/damage_cap inapplicable to consumer debt.

Source: Fla. Stat. § 95.11(2)(b), official Florida statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Florida government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Florida Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Florida attorney.