Florida Debt Statute of Limitations: A Creditor's Guide
The Florida debt statute of limitations for a B2B commercial claim depends on the documentation underlying the invoice: 5 years under Florida Statutes Section 95.11(2)(b) for written contracts (including signed master supply agreements, signed purchase orders, and signed credit applications), and 4 years under §95.11(3)(k) for oral contracts and open accounts where no signed written instrument exists. Both periods run from the date of breach — which, for an unpaid invoice, is typically the contractual payment due date, not the invoice date.
Florida follows the US majority rule that expiry of the limitation period bars the remedy but does not extinguish the underlying debt obligation; the defence of limitations must be affirmatively pleaded, and default judgments are routinely entered on time-barred debts in Florida courts when the debtor fails to appear. Four separate triggers can revive a time-barred debt and restart the full statutory period under §95.04: a partial payment on the account; a written acknowledgment signed by the debtor; a new written promise to pay; or a new agreement subsuming the old obligation. Oral acknowledgments alone do not revive. The limitation clock can also be tolled (paused) under §95.051 during periods when the debtor is absent from Florida, fraudulently conceals the cause of action, or is on active military service. Post-judgment enforcement runs for 20 years under §95.11(1) — a significantly longer window than the underlying limitation period.
A European electronics components manufacturer has three overdue invoices against a Miami-based distributor totalling USD 218,000. The invoices are 52 months past the payment due date. The underlying supply relationship was governed by a signed master supply agreement and signed purchase orders for each shipment. The limitation question: does §95.11(2)(b)’s 5-year written contract period apply, or has the window closed? With 52 months elapsed and a signed master agreement in place, the file is still within the 5-year written contract window — but only 8 months remain. Immediate action: instruct Florida counsel to issue a written demand and file suit within the window. The demand itself, if it elicits a written response from the distributor that acknowledges the debt, could restart the period under §95.04 — but that outcome cannot be assumed, and the 8-month window makes filing a priority. Pre-judgment: if the distributor appears to be moving assets, Chapter 76 pre-judgment attachment is available (bond = 2x claim value) to freeze assets before the judgment is entered. Chapter 77 garnishment can reach funds owed to the distributor by its own customers — effectively intercepting the distributor’s receivables at the same time as the primary action proceeds.
Florida Statutes Section 95.11 Controls the Florida Debt Statute of Limitations
A supplier in Rotterdam calls about a Miami distributor 58 months past due. The invoices are on a signed master supply agreement. Is the file live? §95.11(2)(b) says yes — 5-year written contract window. Same invoice with no signed documentation = 4-year oral/open account period that may already be cold.
Florida Limitation Periods by Claim Type
What can restart the debt statute of limitations in Florida?
Under §95.04: four triggers restart the clock — (1) partial payment on the debt; (2) written acknowledgment signed by debtor; (3) new written promise to pay; (4) new agreement subsuming old debt. Oral acknowledgments alone do NOT revive. §95.051: tolling pauses clock during debtor absence from FL, concealment, fraudulent concealment of cause, military service.
You know the debt is real. What you need now is someone on the ground in the right jurisdiction who can make it cost the debtor more to ignore it than to pay it. Contact Cosmopolite for a free case assessment. No win, no fee.
