In Florida, the statute of limitations on unsecured credit card debt is 5 years for written contracts and 4 years for oral contracts or open accounts (Florida Statutes § 95.11). The clock starts on the date of last payment or last activity on the account. After the statute expires, the debt becomes "time-barred" and you can use the statute as a complete defense in any lawsuit. The debt itself does not disappear; only the legal ability to sue you ends.

Florida Statutes § 95.11(2)(b). This provision sets a 5-year statute of limitations for actions on contracts founded on written instruments. Most credit card agreements are written contracts, so the 5-year limit applies. Some courts have interpreted credit card debt as an "open account" (subject to a 4-year limit) rather than a written contract; the longer 5-year limit is the safer assumption.

When the clock starts. The statute of limitations begins on the date of the last activity or last payment on the account. If you made your last payment on March 15, 2020, the 5-year clock expires on March 15, 2025. After that date, any lawsuit filed for that debt can be defeated by raising the statute of limitations as an affirmative defense.

What resets the clock. Making any payment on the debt, even a small one, can reset the statute of limitations in Florida. Acknowledging the debt in writing (sending the collector a letter saying "I owe this debt and will pay") can also reset the clock. Beware: collectors sometimes push for a small "goodwill" payment specifically to reset the statute.

What does not reset the clock. The original creditor selling the debt to a debt buyer does not reset the statute. The statute runs from the original date of last payment, regardless of how many times the debt is sold. If a debt buyer claims the statute restarted because they purchased the debt, this is incorrect.

Time-barred debt and credit reporting. The statute of limitations and the credit reporting period are different. Florida's 5-year statute means the creditor cannot sue after 5 years. The federal Fair Credit Reporting Act allows the debt to remain on your credit report for 7 years from the date of first delinquency. So a debt can be time-barred (not suable) but still on your credit report.

Time-barred debt and informal collection. Collectors can still attempt to collect time-barred debt through letters and phone calls (as long as they comply with the FDCPA). They cannot threaten to sue, because such a threat is misleading; the debt cannot be successfully sued. If a collector threatens to sue on time-barred debt, this is a likely FDCPA violation and you can sue them for $1,000 in statutory damages plus actual damages and attorney fees.

Defending against a lawsuit on time-barred debt. If you receive a summons for a debt past Florida's 5-year statute, file an Answer with the court and raise "statute of limitations" as an affirmative defense. The plaintiff must then prove the debt is within the statute, which they cannot do for time-barred debt. The case is usually dismissed.

Florida-specific protections. Florida has additional debtor-friendly laws: unlimited homestead exemption (your primary residence is generally protected from creditor seizure), generous wage garnishment protections for head of household with dependents (no garnishment if you support a dependent), and protection of certain retirement and life insurance accounts. These make Florida one of the more debtor-friendly states.

Reaffirmation risk. If you receive a collection letter on a time-barred debt and want the collection to stop, send a written cease-and-desist letter (allowed under the FDCPA). Do not engage in conversation about payment, do not make any payment (this can reset the statute), and do not acknowledge the debt in writing. Simply demand the collection stop.

Verify dates carefully. The exact date of last payment determines the statute. Pull your credit report (free at annualcreditreport.com) and look at the "date of first delinquency" or "date last reported" fields. If the date is not clear, request validation from the collector under the FDCPA; they must provide proof of the debt and dates.