Florida Statute of Limitations

According to Florida Chapter 95.11 the statute of limitations for debt related to a written contract is five years, and an oral contract is four years from the date of breach.

To learn more about your rights and liabilities as a Florida resident, read Florida Collection Laws. If you reside in another state, read the Bills.com resources Collection Laws and the Statute of Limitations, and How to Tell Which Statute of Limitations Applies to Your Situation for the rules elsewhere.

The passing of the statute of limitations does not mean a creditor may not file a lawsuit against you. If a lawsuit is filed after the passage of the statute of limitations, the defendant has an affirmative defense that, if raised in timely manner, the court will dismiss the case. However, the defendant must raise this defense — a court will not do it for the defendant. If the defendant responds to the suit stating the SOL has expired, the judge may dismiss the case before the trial. Otherwise, the defendant should raise the defense during the trial.

In most states, the SOL begins running from the date of the breech. In other words, the SOL starts running 30 days after the last payment. This means that if you paid just a few dollars to a collector a couple of years ago, the running SOL for that debt could have been reset.

The passage of the SOL does not forbid a creditor from calling the debtor to collect on the debt; it simply provides the debtor an absolute defense in court if the creditor files suit. Debtors can stop collection calls by sending a cease and desist letter to the creditor.

Consult with an attorney licensed to practice in your area to discuss the specifics of your situation and to help you determine if the statute of limitations for your creditor to sue you has expired.

I hope this information helps you make better money decisions.

Best,

Bill

Bills.com