If creditors chase old debts, knowing when they can sue makes a difference. In Lakeland, consulting with a bankruptcy attorney, one question often arises: how long can someone sue me in Florida for old debt, and can making a payment bring that time limit back to life? This article explains the current Florida law regarding statutes of limitation for debts, including when the clock starts, what resets it, and how these rules impact debt collection and potential defenses.
How Long is the Statute of Limitations in Florida for Different Debts
In Florida, debts based on written contracts generally have a five-year statute of limitations under Section 95.11(2)(b) of the Florida Statutes. That covers many common debts:credit cards, most medical bills, auto loans and other written agreements
For obligations arising from oral agreements, the period is usually four years. This applies when there is no written contract, for example, verbal promises to pay.
Specific special categories carry longer or different periods. Unpaid property taxes or judgments may remain enforceable for a significantly longer period. In Florida, a judgment once entered may be enforceable for up to 20 years.
When Does the Clock Start
The statute of limitations starts to run when the debt becomes due, or more precisely, when the debtor defaults. For a written contract debt, that usually means the date of the first missed payment. Creditors may assert the claim any time within the five-year window after that default.
If a debtor makes any payment toward that debt or acknowledges it in writing, this often restarts the clock. That means that even if most of the five years have passed, a small payment or written promise to pay may reset the statute of limitations timer.
How Payments or Acknowledgments Can Reset the Limit
A partial payment on a debt that was already in default often resets the statute of limitations. That resets the “clock” back to zero from the date of that payment. Acknowledging that you owe the debt in writing has the same effect.
Getting into a settlement agreement or a new payment plan may also restart the limitation period. If you agree to pay again under conditions set by the creditor or collector, that promise restarts the limit.
What Happens When Time Has Expired
Once the statute of limitations has passed without any resetting action, the debt becomes “time-barred.” In most cases, a creditor can no longer file a lawsuit against you to collect that debt.
That does not mean the debt disappears. The debt can still appear on your credit report if it has not yet aged off under credit-reporting rules. Collectors may still attempt non-legal collection efforts, such as calls or letters.
If a lawsuit is filed before the statute of limitations expires, or if there is already a judgment, then the time-barred issue does not apply in the same way. Judgments last up to 20 years and can sometimes be renewed.
Practical Steps to Protect Yourself
One should always document when payments are made, what was said, and what written acknowledgments occurred. Keep records of last payments, contracts, and letters from creditors. If you believe a debt is time-barred, you may assert that as a defense if sued. A lawyer can help you review your case, analyze your payment history and declarations, and assist you in responding appropriately to collections or lawsuits.
Avoid making new payments or making arrangements on debts that may already be time-barred if doing so would reset the statute of limitations, unless you know exactly what effect they will have. Getting attorneys involved early can help preserve defenses.
Statutes of limitation on debts in Florida generally provide creditors with five years to sue for written contracts and four years to sue for oral obligations following default. Even old debts can become legally enforceable again if payments are made or debts are acknowledged in writing. If you are in Lakeland and facing old debt or threatened by a lawsuit, a bankruptcy attorney can help determine whether the statute of limitations has passed or been reset, what defenses are available, and how to respond to collection efforts. For personalized legal counsel, reach out to Weller Legal Group.
