Florida Statute of Limitations on Debt Collection
It is so important for consumers to know about the statute of limitations in their state, because there are many creditors or debt collectors who will file a lawsuit even though they know that the statute of limitations has ended. If this happens, you can get the case dismissed and you may also have other rights under the Fair Debt Collection Practices Act. In Florida:
- Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11
- The limitations period will start from the date of the last element of the cause of action that happened (95.051). The limitation period is stopped for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument
- Almost any other action will be categorized under the 4-year catch-all limitations period, (F.S. 95.11(3)(p))
If you want to get any more information or if you have questions about the Statute of Limitations in Florida, contact The Consumer Advocacy Center at 312-782-5808.
