Florida Credit Card Debt: Statute of Limitations & Laws (2026)

Florida’s 5-year statute of limitations under FL Stat § 95.11

Credit card agreements are written contracts under Florida law, so the 5-year statute of limitations in Florida Statute § 95.11(2)(b) applies. The clock starts on the date of last payment or last written acknowledgment of the debt. Most charge-offs in Florida happen 180 days after the missed payment, but the SOL clock does not reset at charge-off, it continues running from the actual last payment date.

What counts as a written acknowledgment that resets the clock:

• A signed payment plan or settlement agreement, even if no money changed hands
• A letter to the creditor that admits the debt is owed
• An online portal entry confirming the balance, in some Florida appellate decisions
• A partial payment in some cases. Florida courts split here, and the Fourth DCA decision in Glodek v. Sciretta highlights the risk

What does NOT restart the clock:

• A phone call where you do not admit the debt
• A debt validation letter request under FDCPA § 809
• A debt buyer’s own internal “renewed” or “updated” account note
• The original creditor selling the debt to a debt buyer

If the 5-year window has closed, the debt is time-barred. The debt buyer can still call you, but cannot win a Florida court judgment if you file an answer raising the statute of limitations. Default judgments on time-barred debts happen when consumers fail to respond to the lawsuit, not because the debt is valid.

Wage garnishment in Florida: the federal cap and the head-of-household carve-out

Federal law 15 U.S.C. § 1673 caps private wage garnishment at the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. In 2026 the $7.25 federal minimum gives a $217.50 floor.

Florida layers on the most generous head-of-household exemption in the country. Under Florida Statute § 222.11, the wages of a head-of-household earner are exempt from garnishment if net weekly earnings are $750 or less. Above $750/week, head-of-household earners can only be garnished if they sign a written waiver of the exemption.

A “head-of-household” under FL Stat § 222.11 is someone who provides more than half the support of a child or other dependent. The 11th Circuit has held that household membership matters more than marital status, so single parents, divorced parents with primary custody, and adult children supporting an elderly parent typically qualify.

To assert the exemption you must file an affidavit of head-of-household with the issuing court within 20 days of garnishment notice. The court holds a hearing on the exemption, typically within weeks.

Florida’s unlimited homestead exemption

Article X Section 4 of the Florida Constitution gives Florida residents the broadest homestead exemption in the United States. A creditor with a credit card judgment cannot force the sale of a primary residence on up to 160 contiguous acres outside a municipality or 0.5 acre inside one, regardless of property value.

Two important limits apply:

1. The federal Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 caps the homestead exemption in bankruptcy at $189,050 if you bought the home less than 1,215 days before filing. This federal cap only matters in bankruptcy, not in ordinary state collection actions.
2. The homestead must be your actual primary residence. Investment property, vacation homes, and rental units do not qualify.

Real Florida garnishment math vs settlement math

The pillar payoff calculator compares three paths for a Florida resident facing a credit card lawsuit: continue minimum payments, lump-sum settle, or aggressive payoff. The math gets dramatic when you add the Florida head-of-household exemption.

Scenario 1: $14,000 balance, single Florida resident, no dependents, $1,100/week gross

With $880 disposable weekly, garnishment caps at 25% = $220/week, or $11,440/year. A 14-month garnishment satisfies the judgment plus post-judgment interest at Florida’s statutory rate (7.07% for 2026 under Florida Statute § 55.03). Settling at 40% costs $5,600 paid in 90 days. Settlement saves roughly $7,300 vs full garnishment.

Scenario 2: $14,000 balance, Florida head-of-household, $730/week net

The head-of-household exemption under FL Stat § 222.11 fully shields the wages because net weekly earnings are below $750. The judgment creditor collects zero from wages. Settlement still makes sense if assets exist (bank balance over $1,000, a vehicle worth over $1,000), but doing nothing while the 5-year SOL runs is a valid Florida strategy for judgment-proof head-of-household earners.

Scenario 3: $14,000 balance, Florida retiree on Social Security plus $400/month part-time

Social Security is fully exempt under 42 U.S.C. § 407. The $400/month part-time income falls below the 30× federal minimum wage floor ($217.50/week or about $945/month). The retiree is functionally judgment-proof; no garnishment math applies.

Florida vs three Southeast neighbors

Florida’s 5-year SOL is slightly shorter than Georgia and Alabama, and Florida is the only Southeast state with a full head-of-household wage shield plus unlimited homestead. North and South Carolina ban credit card wage garnishment entirely but have time-limited homestead caps.

Asserting the FL Stat § 222.11 head-of-household exemption

If a garnishment notice arrives at your Florida employer, you have a narrow window to respond. The procedure:

1. File the affidavit within 20 days. The Florida Courts self-help center publishes the Claim of Exemption form. Check the head-of-household box. Attach proof of dependents, typically a tax return showing dependent claims or a custody order. File with the issuing court clerk and serve a copy on the creditor’s attorney.

2. Request a hearing. Most Florida circuit and county courts schedule the exemption hearing within 14 to 30 days. At the hearing the judge determines whether you provide more than half the support of a dependent. If yes, the garnishment is released; if your net weekly earnings are above $750 and you did not sign a written waiver, the garnishment is also released.

3. Recover wrongfully withheld wages. If the employer already withheld funds before the exemption hearing, the court can order return of those funds. Florida’s procedure is faster than most states because the statute is unambiguous.

Florida bank levy and the Social Security protected amount

A judgment creditor in Florida can serve a writ of garnishment on a bank account. The bank must freeze the account up to the judgment amount. Two automatic protections apply:

• Treasury Regulation 31 CFR Part 212 requires the bank to perform a 2-month lookback on accounts receiving direct-deposited Social Security, SSDI, SSI, VA benefits, or federal retirement. That protected amount is released immediately.
• Florida heads-of-household can claim that funds in the account are traceable to exempt wages under FL Stat § 222.11 by filing a Claim of Exemption with the court.

To assert the bank-account exemption you have typically 20 days from the date the bank serves notice. Missing this deadline forfeits the protection for that levy.

Florida’s Fair Debt Collection Practices Act overlay

Florida’s Consumer Collection Practices Act (FCCPA), Florida Statute § 559, runs parallel to the federal FDCPA but adds protections. Notable provisions:

• FCCPA § 559.72 prohibits debt collectors from communicating with you between 9 p.m. and 8 a.m.
• FCCPA § 559.72(9) prohibits asserting a legal right the collector does not actually have, such as threatening to garnish wages of a head-of-household.
• Damages under § 559.77 include actual damages, statutory damages up to $1,000, and reasonable attorney’s fees.

Complaints can be filed with the Florida Attorney General’s consumer protection division and the Florida Department of Financial Services.

When Chapter 7 bankruptcy makes sense for a Florida resident

Florida’s bankruptcy means test uses state median income data. A single filer earning under approximately $58,000 (2026 figure) generally qualifies for Chapter 7. The benefits in Florida:

• Discharge of credit card debt within 4 to 6 months
• Automatic stay under 11 U.S.C. § 362 halts all collection on petition filing
• Homestead protection up to $189,050 if owned more than 1,215 days, otherwise the Florida constitutional protection caps at the federal BAPCPA amount
• $1,000 vehicle exemption under FL Stat § 222.25, with an additional $4,000 wildcard if no homestead is claimed

Chapter 13 makes sense when income is too high for Chapter 7 or when you want to keep non-exempt assets. A 3 to 5 year repayment plan in Florida typically returns 10 to 30 cents on the dollar to unsecured creditors.

Authoritative Florida sources

• Florida Statute § 95.11, statute of limitations
• Florida Statute § 222.11, head-of-household wage exemption
• Florida Statute § 55.03, post-judgment interest rate
• Florida Statute § 559, Consumer Collection Practices Act
• Florida Attorney General consumer complaint portal
• Florida Department of Financial Services consumer services
• Florida Courts self-help center, exemption forms

Sibling state pages

• Georgia credit card debt laws
• Alabama credit card debt laws
• South Carolina credit card debt laws
• Tennessee credit card debt laws
• Mississippi credit card debt laws

Related tools

• Credit card payoff calculator for settlement vs garnishment modeling
• Debt management plan calculator
• Can credit card debt garnish your wages?
• Can credit card debt be garnished from Social Security?

Frequently asked questions

What is the statute of limitations on credit card debt in Florida?

Five years from the date of last payment or written acknowledgment, under Florida Statute § 95.11(2)(b) which covers actions on a contract founded on a written instrument. Credit card agreements are written contracts, so the 5-year clock applies. After 5 years pass without payment or written acknowledgment, the creditor or debt buyer cannot win a lawsuit if you raise the statute as an affirmative defense in your answer.

Can credit card companies garnish wages in Florida?

Yes, after a court judgment, capped at 25% of disposable earnings under federal law 15 U.S.C. § 1673. However, Florida Statute § 222.11 fully exempts the wages of any head-of-household whose net weekly earnings are $750 or less. Head-of-household earners above $750/week can only have wages garnished if they sign a written agreement to waive the exemption. You must file an affidavit of head-of-household status with the issuing court.

Is my Florida homestead protected from credit card debt?

Yes. Article X, Section 4 of the Florida Constitution gives an unlimited homestead exemption against forced sale by judgment creditors. The protection covers a primary residence on up to 160 contiguous acres outside a municipality, or 0.5 acre inside a municipality. The federal Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 caps the homestead at $189,050 in bankruptcy if you bought the home less than 1,215 days before filing.

Does Florida have a community property rule for credit card debt?

No. Florida is a separate-property state. A credit card opened by one spouse is that spouse’s individual debt and the other spouse is not liable for it, unless they cosigned, were a joint accountholder, or used the card under an authorized-user agreement that created joint liability. After a death, the surviving spouse is not personally responsible for a deceased spouse’s credit card debt under Florida law.

What happens if a Florida credit card debt is past the 5-year statute of limitations?

The debt becomes time-barred. A debt buyer or original creditor can still call you and request payment, but they cannot win a lawsuit if you raise the statute of limitations as an affirmative defense. Important: making a partial payment or signing a written acknowledgment can restart the 5-year clock under Florida law. Do not pay or sign anything on a time-barred debt without first consulting a Florida-licensed attorney or NFCC counselor.