Florida Statute of Limitations on Debt: What You Need to Know

You just got served with a debt lawsuit in Florida. Before you panic, check the age of the debt.

The debt might be too old to sue. Florida law protects you from lawsuits on old debts.

Florida Statute of Limitations on Debt

Florida gives creditors five years to sue you for most debts. After five years pass, collectors lose their right to file a lawsuit.

The five-year limit applies to these common debts:

• Credit card debt
• Medical bills
• Auto loans
• Student loans
• Personal loans
• Mortgages

Judgments work differently. Once a court enters a judgment against you, collectors have 20 years to enforce it.

When the Clock Starts Ticking

The statute of limitations typically starts on your last payment date. Sometimes it begins when you first missed a payment.

Collectors can still try to sue after five years. They hope you won’t know about the time limit.

You must raise the statute of limitations as a defense. The court won’t automatically dismiss an old debt lawsuit.

Never Make a Payment on Old Debt

Debt collectors use a sneaky trick. They ask for a small “good faith” payment.

Don’t fall for it. Any payment restarts the five-year clock.

One small payment gives collectors five more years to sue you. You essentially renew the debt by paying anything.

If a collector contacts you about old debt, verify the dates first. Don’t promise to pay anything until you confirm the statute hasn’t expired.

What Happens When Collectors Sue in Florida

Collectors can’t throw you in jail for unpaid debt. But they have other powerful tools.

They report your debt to Experian, TransUnion, and Equifax. Negative marks stay on your credit report for seven years.

If you ignore a lawsuit, the collector wins automatically. The court enters a default judgment against you.

Your Rights Under Federal Law

The Fair Debt Collection Practices Act protects you from abuse. Collectors cannot harass or threaten you.

They can’t call before 8:00 AM or after 9:00 PM. They can’t use profane language or misrepresent what you owe.

Collectors who break these rules face consequences. File a complaint with the Consumer Financial Protection Bureau.

Consequences of a Judgment Against You

A judgment gives collectors serious power. They can pursue collection for up to 20 years in Florida.

The court may order you to disclose financial information. You’ll need to reveal your income, assets, and employer details.

Collectors can seize property through a process called execution. They can also garnish your wages and freeze bank accounts.

Florida Property Exemptions

Florida law protects certain assets from seizure. You can keep your home in most cases.

Homestead exemption covers up to half an acre in incorporated areas. In rural areas, you can protect up to 160 acres.

Mortgage holders and lienholders can still foreclose. But general creditors cannot force a home sale.

Wage Garnishment Limits

Federal law limits wage garnishment to 25% of net pay. Collectors can’t take more than 30 times the federal minimum wage.

The law uses whichever amount is less. Heads of household earning under $750 weekly are often exempt entirely.

Vehicle Protection

You can exempt up to $1,000 of your vehicle’s value. Most older cars fall under this threshold.

If your car gets seized incorrectly, file an affidavit. Provide proof that your vehicle’s value stays under $1,000.

How to Respond to a Debt Lawsuit

You must file an Answer with the court. Our partner Solo helps you prepare the correct response.

Your Answer must address each claim in the lawsuit. Include the statute of limitations as an affirmative defense.

Submit your Answer before the deadline printed on your summons. Missing this deadline means automatic loss.

Preparing for Your Court Hearing

The court may schedule a hearing after you file your Answer. Sometimes cases get dismissed without a hearing.

Bring evidence showing when the debt became delinquent. Bank statements and payment records prove the statute expired.

You can hire an attorney to represent you. Many defendants find legal representation increases their chances of winning.

Never skip your hearing. Failure to appear results in automatic judgment against you.

Responding to Collection Letters

Collectors often contact you before filing a lawsuit. They’ll call or send demand letters.

Validate the debt before discussing payment. Request written proof of what you supposedly owe.

Information to Gather

Get the collector’s full name and company name. Write down their phone number and mailing address.

Ask for the original creditor’s name. Find out when the debt originated and when you last made payment.

Request a complete account history. Collectors must provide this information within 30 days.

Your Response Options

You can dispute the debt in writing. The collector must stop collection until they provide verification.

You can also request they stop contacting you entirely. They must honor this request with limited exceptions.

The Consumer Financial Protection Bureau provides sample letters. Use these templates to protect your rights.

Negotiating with Debt Collectors

Sometimes paying makes sense if the debt is valid and recent. Negotiate before they file a lawsuit.

Offer a lump sum payment for less than the full balance. Collectors often accept 40-60% to close the account.

Get any settlement agreement in writing first. Never send money without written confirmation of terms.

Set up a payment plan you can actually afford. Don’t promise more than you can pay consistently.

Keep paying your current bills while handling old debt. Falling behind on new obligations makes things worse.

Protect Your Rights in Florida Debt Lawsuits

The statute of limitations gives you a powerful defense. Collectors bet you won’t know about it.

Check the age of any debt before responding to collection attempts. Calculate from your last payment date.

Never make payments on debts older than five years. You’ll restart the clock and lose your defense.

Our partner Solo helps you respond to debt lawsuits correctly. You can prepare your Answer in 15 minutes.

File your response on time and include all affirmative defenses. The statute of limitations can get your case dismissed entirely.