The statute of limitations on credit card debt in Florida is five years from the date you last made a payment or acknowledged the debt
In Florida, a creditor or debt collector can file a lawsuit against you for unpaid credit card debt within five years of your last payment or written acknowledgment of the debt. After five years passes, the debt becomes time-barred, meaning a court will dismiss the case if the creditor sues you. This five-year window is set by Florida Statute 95.03(11)(c), which applies to open accounts like credit cards.
The clock does not reset automatically. It starts on the date of your last payment or the date you last wrote to the creditor acknowledging the debt. Making a new payment, sending a written statement admitting you owe the money, or in some cases making a partial payment can restart the clock, which is why debt collectors sometimes push for any acknowledgment of the debt.
Being time-barred does not erase the debt. You still legally owe the money. It only means the creditor loses the right to sue you in court. The debt may still appear on your credit report (usually for seven years from the date of first delinquency), and the creditor can still contact you to collect, though they must follow federal debt collection rules.
Key Takeaways
- Florida's five-year statute of limitations runs from your last payment or last written acknowledgment of the debt, not from when you stopped paying.
- Making any payment or sending written confirmation that you owe the debt can restart the five-year clock, so avoid written admissions if the debt is old.
- After five years, a court will dismiss a lawsuit, but the debt remains on your credit report and collectors can still contact you.
- Debt collectors must stop suing after the important date, but they may continue collection calls unless you send a written cease-and-desist letter.
- The statute of limitations applies only to lawsuits; it does not affect your legal obligation to pay or the debt's appearance on your credit history.
What counts as restarting the clock
Any written acknowledgment of the debt can restart the statute of limitations. This includes a payment, a letter admitting you owe the money, a text message saying you will pay, or even a check you write but do not cash. Verbal promises to pay do not restart the clock under Florida law, but written ones do.
Debt collectors know this, which is why they push for written communication. If you receive a collection letter and respond in writing saying you will pay or that you owe the debt, you have restarted the five-year period. If you are unsure whether a debt is old enough to be time-barred, do not send written confirmation of the debt without first checking the date of your last payment.
Some creditors argue that a payment posted to your account restarts the clock even if you did not authorize it or if it was a partial payment. Florida courts have generally held that an intentional payment restarts the statute, but the law is less clear on payments made without your knowledge. If you receive a collection notice and the debt is close to five years old, consult the records of your last payment before responding.
How the five-year period is calculated
The statute of limitations clock starts on the date of your last payment, not the date you opened the account or the date you first missed a payment. If you made your last payment on January 15, 2019, the five-year period ends on January 15, 2024. A lawsuit filed on January 16, 2024 would be time-barred.
The date matters because creditors sometimes file suit near the end of the five-year window. If you are sued and the creditor cannot prove the date of your last payment, you can challenge the lawsuit on the grounds that the statute of limitations has passed. Keep records of all payments, even partial ones, because these dates are your defense.
If you have multiple accounts with the same creditor, each account has its own statute of limitations clock. A payment on one card does not restart the clock on another card unless the creditor applied the payment to both accounts.
What happens if a creditor sues after the important date
If a creditor files a lawsuit after the five-year statute of limitations has expired, you can file a motion to dismiss based on the statute of limitations defense. The creditor must then prove the date of your last payment. If they cannot, the court will dismiss the case. You do not have to prove anything; the burden is on the creditor to show the lawsuit is timely.
Many consumers do not raise this defense, which is why some debt collectors continue suing on old debts. If you are sued and the debt is older than five years, bring this defense to your answer or to your first court appearance. You can raise it yourself without a lawyer, though consulting an attorney before court is wise if you are unsure of the dates.
Winning a statute of limitations defense does not erase the debt or remove it from your credit report. It only stops the creditor from winning a judgment against you in court. The debt may still be reported to the credit bureaus and may still affect your credit score.
Debt collection calls and letters after the important date
Even after the statute of limitations expires, debt collectors can still contact you about the debt. Federal law under the Fair Debt Collection Practices Act does not prohibit collection calls on time-barred debt. However, collectors cannot sue you, and they cannot threaten to sue if they know the debt is time-barred.
If you receive collection calls on a debt you believe is time-barred, you can send a written cease-and-desist letter asking the collector to stop contacting you. Under the Fair Debt Collection Practices Act, the collector must stop calling within 30 days of receiving your letter. Send it by certified mail so you have proof of delivery.
Some collectors will stop calling once you mention the statute of limitations, but others will continue. A written cease-and-desist letter is your strongest tool if calls persist. Keep a copy of the letter and the certified mail receipt for your records.
How credit reports and the statute of limitations interact
The statute of limitations for lawsuits and the credit reporting timeline are separate. A debt can be time-barred for lawsuit purposes but still appear on your credit report. Under federal law, most negative items, including charged-off credit card debt, can remain on your credit report for seven years from the date of first delinquency.
This means a debt might be time-barred (five years old) but still showing on your report (within the seven-year window). During this time, the debt still affects your credit score, and collectors can still contact you, even though they cannot sue. After seven years from the date of first delinquency, the debt should be removed from your report by the credit bureaus.
If a debt appears on your credit report after seven years, you can dispute it with the credit bureau. Send a written dispute stating that the debt is outside the seven-year reporting period and request removal. The bureau must investigate and remove the item if it cannot verify the date.
Defenses and what you should do if sued
If you are sued on a credit card debt in Florida, you have several options. The strongest defense is the statute of limitations if the debt is older than five years. You can also dispute whether you owe the debt, challenge the amount claimed, or argue that the creditor lacks standing to sue (meaning they do not own the debt and cannot prove they do).
When you receive a lawsuit, you have a limited time to respond—usually 20 days in Florida. Do not ignore the summons. If you do not respond, the creditor can win a default judgment against you, which allows them to garnish your wages or bank account. Even if the statute of limitations has passed, you must raise it as a defense in court; it does not automatically protect you.
If you cannot afford an attorney, contact your local legal aid office or a consumer law clinic. Many offer free or low-cost help with debt defense. Some attorneys also work on contingency for debt cases, meaning they take payment only if you win.
Frequently Asked Questions
Does the statute of limitations explore to credit card companies or only to debt collectors?
Yes, it applies to both. Whether the original credit card company or a debt collector owns the debt, they cannot sue after five years from your last payment. The statute of limitations is a court rule, not a rule about who owns the debt.
What if I moved to another state—does Florida's statute still explore?
If you were a Florida resident when you opened the account or when you last made a payment, Florida's five-year statute usually applies even if you moved. The creditor must sue in the state where you lived when the debt arose or where you currently live. If sued in another state, you can argue that Florida law applies.
Can a creditor restart the statute of limitations by sending me a collection letter?
No. A collection letter from the creditor does not restart the clock. Only a payment you make or a written statement you send acknowledging the debt restarts it. Do not respond in writing to collection letters if the debt is old.
If the statute of limitations has passed, do I still have to pay the debt?
You are still legally obligated to pay the debt. The statute of limitations only prevents the creditor from suing you in court. If you want to pay, you can, but doing so in writing may restart the clock. If you do not want to pay, the creditor cannot force you through a lawsuit after five years.
Will paying an old debt remove it from my credit report?
Paying a time-barred debt does not automatically remove it from your credit report. It may change the status to "paid" or "settled," which can help your credit score slightly, but the account will still appear on your report until seven years from the date of first delinquency. You can negotiate with the creditor to remove it in exchange for payment, but they are not required to.