Florida Statute of Limitations on Debt
Florida generally gives collectors five years to sue on written contracts and four years on oral agreements. Most consumer debt — credit cards, medical bills, auto loans — falls under the written contract window.
| Debt Type | Statute of Limitations | |---|---| | Credit card debt (open account) | 5 years | | Medical debt | 5 years | | Auto loans (written contract) | 5 years | | Personal loans (written contract) | 5 years | | Oral contracts | 4 years | | Promissory notes | 5 years |
The SOL starts from the date of default. Florida courts typically define this as the date of first missed payment or the date the creditor accelerated the debt. After the SOL expires, the debt is time-barred — but the collector can still contact you and report the debt to credit bureaus until the seven-year window closes.
Florida-Specific Consumer Protections
Florida Consumer Collection Practices Act (FCCPA, Fla. Stat. § 559.55 et seq.) This is Florida's standalone debt collection law, and it's broader than the federal FDCPA in one important way: it applies to original creditors, not just third-party collectors. If your original hospital or credit card company calls you at inconvenient hours, threatens you, or misrepresents a debt, they've violated the FCCPA. Consumers can sue for actual damages plus $1,000 per violation, plus attorney's fees.
Head-of-Household Wage Exemption (Fla. Stat. § 222.11) This is one of Florida's most significant protections. If you are the head of a household providing more than half of the financial support for a dependent, your wages are entirely exempt from garnishment — regardless of the debt amount or the judgment. This protection has no dollar cap and applies even to very large judgments. You must claim this exemption in court.
Homestead Exemption Florida's homestead exemption is unlimited on acreage within municipal limits (up to one-half acre) and protects significant rural acreage. Creditors generally cannot force the sale of your primary home to satisfy a judgment.
How to File a Complaint in Florida
Florida Office of the Attorney General — Consumer Protection Division
- Website: myfloridalegal.com
- Phone: 1-866-9-NO-SCAM (1-866-966-7226)
- Online complaint portal available
Federal Rights That Apply Regardless of State
- Fair Credit Reporting Act (FCRA): Dispute inaccurate items; bureaus have 30 days to investigate.
- Fair Debt Collection Practices Act (FDCPA): Third-party collector rules — supplemented in Florida by the FCCPA.
- Fair Credit Billing Act (FCBA): Billing error protections on credit card accounts.
Your First Action Step
Florida's head-of-household wage exemption is one of the most powerful in the country but you must actively claim it. If you've received a garnishment notice and you qualify as head of household, file the exemption claim immediately. For credit report issues, pull your reports at annualcreditreport.com, identify any inaccuracies, and send written disputes to each bureau separately via certified mail.