# Florida statute of limitations on debt

> In Florida, the statute of limitations on a written contract is 5 years under Fla. Stat. § 95.11(2)(b). Periods for oral contracts, open accounts and promissory notes.

- Source: https://ottoforfirms.com/statute-of-limitations/florida/
- Publisher: Otto — https://ottoforfirms.com
- Updated: 2026-07-26

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In Florida, the statute of limitations on a written contract is 5 years under Fla. Stat. § 95.11(2)(b).

**Rule.** A written contract claim in Florida must be brought within 5 years.

**Authority.** [Fla. Stat. § 95.11(2)(b)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html)

| Contract type | Limitations period |
| --- | --- |
| Written contract | 5 yr |
| Oral contract | 4 yr |
| Open account | 4 yr |
| Promissory note | 5 yr |

## When does the clock start?

Fla. Stat. § 95.031(1): "A cause of action accrues when the last element constituting the cause of action occurs" — for a negotiable or nonnegotiable note payable on demand or after date with no specific maturity date, the last element is "the first written demand for payment."

## What pauses it?

Fla. Stat. § 95.051(1) lists: (a) absence from the state; (b) use of a false name; (c) concealment in the state; (d) adjudicated incapacity before accrual (7-year cap); (e) voluntary payments by the alleged father in paternity actions; (f) "The payment of any part of the principal or interest of any obligation or liability founded on a written instrument"; (g) pendency of any arbitral proceeding; (h) intervening bankruptcy (tax certificates under s. 197.482); (i) minority or previously adjudicated incapacity (7-year cap). Paragraphs (a)-(c) do not apply if service of process or service by publication can confer jurisdiction. § 95.051(2) reads in full: "A disability or other reason does not toll the running of any statute of limitations except those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law."

Last reviewed 2026-07-26

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This is an informational reference, not legal advice, and using it creates no attorney-client relationship. Limitations periods turn on facts this page cannot know — which state's law governs, the contract type, when the claim accrued, and whether anything tolled or revived it. Confirm against the primary source and your own counsel before acting.