Time-Barred Debt in Florida

R

Roberts

Member
Doing some reading about old debts and came across the term “time-barred debt.” From what I understand, it’s when a debt is too old for a creditor to legally sue you for it. I live in Florida, and I’m trying to figure out exactly how this works here.

From what I’ve gathered, the statute of limitations for most debts in Florida is somewhere around five years for written contracts and four years for oral agreements, but I’ve seen conflicting information depending on the type of debt. What I’m not totally clear on is what happens after that statute of limitations runs out. Does the debt just disappear? Or can collectors still contact you and try to get you to pay it, even though they can’t take you to court?

Another thing I’m curious about is whether making a small payment or even just acknowledging the debt could restart the clock. I’ve seen people say that in some states, even a tiny payment can bring the whole debt back to life legally, and I’m wondering if Florida is one of them.

If anyone here has experience dealing with time-barred debt in Florida
 
In Florida, the statute of limitations for most written contracts is indeed 5 years, and oral agreements are 4. Credit cards usually fall under written contracts. Once the statute runs, the debt does not vanish......it just means they cannot sue you to collect. Collectors can still call or send letters, but they have to be careful not to threaten legal action they cannot take. That would be a Fair Debt Collection Practices Act (FDCPA) violation.
 
The big trap is acknowledging the debt or making a small payment. Yes, in Florida, if you make a partial payment, it can restart the statute of limitations. Even a $5 “good faith” payment could open the door for them to sue again. If you are dealing with a zombie debt, the safest approach is not to engage unless you are 100% sure of your strategy.
 
I had one from an old credit card in 2008. They called me in 2015, super friendly, just wanting to update my records. I didn’t know that was basically a fishing expedition to get me to admit I owed it. Glad I stayed quiet. Three years later, they gave up. Still on my credit report until the 7-year mark, though.
 
Think of it like milk past the expiration date. You do not HAVE to throw it out, but you also shouldn’t drink it. Collectors can offer you a deal, but legally, if it is time-barred, they cannot sue. Just beware, because the second you open the carton by paying or agreeing you owe it, you are back to square one.
 
What’s annoying is how credit reporting and the statute of limitations are two different clocks. Your debt might be uncollectible in court after 5 years, but it could still hang out on your credit report for 7 years from the date of default. People mix those up all the time.
 
Had a debt from when I lived in Tampa. Fell on hard times, missed payments, and then just… years went by. They called recently, said I could clear my record for $100. Googled, found out it was time-barred. Ignored them. Felt like dodging a boss fight in a video game.
 
Lol, zombie debt. You kill it with time, then it comes back to life because you sneezed near it (aka made a $1 payment). Florida is definitely one of the states where that can happen. It is not like you can just Venmo them a token amount to make them leave you alone.
 
Even if they cannot sue, they can annoy you indefinitely unless you send a written cease-and-desist under the FDCPA. Once they get that, they can only contact you to say we will not contact you again or we are taking specific action (which they cannot if it’s time-barred).
 
I’ve read that some collectors in Florida buy old debt for pennies and hope you don’t know the law. They send official-looking letters that make it seem urgent. The whole business model relies on fear and ignorance.
 
I had a Florida payday loan from 2011. In 2019, got a call saying they’d file charges unless I paid. Total bluff. Threatening arrest for debt is illegal in the U.S. unless it’s something like unpaid taxes or child support.
 
Just because they cannot sue does not mean they will not try. In Florida, it’s not uncommon for shady debt buyers to file anyway. They hope you don’t respond so they win by default.
 
Fun fact: In Florida, medical debt is usually treated the same as written contracts (5 years). But some medical debts get sold and mislabeled, and the collector pretends it’s a different type with a longer limit. Gotta stay sharp.
 
Honestly, the easiest way to handle time-barred debt calls? Don’t confirm who you are. They can’t legally discuss the debt until they verify they are speaking to you. Just hang up.
 
There’s also the difference between the SOL for collecting in court and the SOL for garnishing wages after a judgment. If they already got a judgment, that has its own timeline, which can be 20 years in Florida.
 
Do NOT just go off the last activity date the collector tells you. Sometimes it is the date they bought the debt, not the date you last paid. That’s not how the law works.
 
If you’re in Florida and thinking of paying an old debt, at least get something in writing saying they will not sue and will consider it paid in full. But even then, be aware of that restart risk.
 
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