State file — Florida
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 debt | 5 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 out | 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 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 lawsuit | 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) 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 lasts | 20 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 |
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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).
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).
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.
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)).