Florida Statute of Limitations on Debt Collection: 5-Year Window
Florida’s statute of limitations for commercial debt collection is 5 years for written contracts under Florida Statutes §95.11(2)(b). The clock starts running from the date of breach — for unpaid invoices, that is typically the invoice due date. Once the 5-year period expires, the debt becomes legally unenforceable: the debtor raises the statute of limitations as an affirmative defence and the case is dismissed. Two mechanisms restart the clock: a partial payment on the specific debt (which restarts the period from the date of payment), or a written acknowledgment of the debt signed by the debtor. Verbal promises do not restart the clock under Florida law. Judgment enforcement: once a Florida judgment is obtained, it is enforceable for 20 years under F.S. §55.081 and can be renewed. Post-judgment interest accrues at the rate set quarterly by the Florida Chief Financial Officer — currently approximately 5 to 6% per annum.
Your Miami-based distributor owes USD 280,000 across eight invoices. The oldest invoice is now 47 months past due. Your external legal counsel has advised that filing is urgent — you have approximately one year of legally enforceable time remaining on the oldest invoice before it crosses the 5-year threshold and becomes unenforceable. The 5-year window looks comfortable at the start. It compresses fast. Here is the complete calendar-based strategic map for Florida commercial debt collection.
What is the Florida statute of limitations for commercial debt?
Florida Statutes §95.11 establishes the limitation periods. For B2B commercial debts, §95.11(2)(b) sets a 5-year limitation for actions on written contracts. §95.11(3)(k) sets a 4-year limitation for open accounts (including trade accounts without a formal written contract). For B2B creditors with documented written contracts and purchase orders, the 5-year limitation under §95.11(2)(b) governs the majority of commercial claims.
Each separate invoice creates its own limitation period. A creditor with a debtor who has not paid twelve monthly invoices has twelve separate 5-year clocks running — each starting from the respective invoice due date. The oldest invoice may be approaching limitation expiry while newer invoices have years remaining. Allowing even one invoice to lapse past the 5-year window forfeits that portion of the debt permanently.
What restarts the Florida statute of limitations clock?
Two events restart the 5-year limitation period under Florida law. First, a partial payment on the specific debt: even a single payment of any amount, applied to the outstanding invoice or balance, restarts the limitation period from the date that payment is received. Structured payment plans, properly documented, keep the limitation period alive for the duration of the plan. Second, a written acknowledgment of the debt signed by the debtor: a letter, email, or other written communication from the debtor expressly acknowledging the outstanding balance restarts the limitation period from the date of acknowledgment.
Verbal acknowledgments — a phone call in which the debtor says “yes, we owe this, we’ll pay next month” — do not restart the clock under Florida law. For this reason, creditors should follow up every verbal acknowledgment with a written confirmation request: “Please confirm by email that you acknowledge the outstanding balance of USD X on invoices [list] due [dates].” A debtor who responds to that email restarts the limitation clock with their reply.
What is the Florida court structure for commercial debt recovery?
Florida Circuit Courts have unlimited jurisdiction and handle all claims above USD 50,000. Florida County Courts handle claims up to USD 50,000 and provide faster resolution for smaller commercial claims. For claims above USD 75,000 where the creditor is a foreign national or out-of-state entity, the US District Court for the Southern District of Florida (SDFL, Miami) or Middle District of Florida (Orlando, Tampa) is available under diversity jurisdiction. Foreign creditors often prefer federal court for larger claims because of the predictability of Federal Rules of Civil Procedure and the neutrality of a federal forum.
Florida’s summary judgment procedures under Florida Rule of Civil Procedure 1.510 (aligned with federal Rule 56 since 2021) allow creditors to obtain judgment without trial where there is no genuine dispute about material facts — common in straightforward invoice collection cases with documented contracts, delivery confirmations, and invoices. Well-documented Florida commercial claims can resolve through summary judgment in 6 to 12 months from filing. Once judgment is obtained, the 20-year enforcement period begins — and the post-judgment enforcement toolkit includes bank account garnishment, wage garnishment, real property liens, and Fact Information Sheets requiring the debtor to disclose all assets under oath.
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.
