Florida Student Loan Statute of Limitations: How the 5-Year Deadline Works

Florida gives private student loan lenders five years to sue after a borrower defaults — but knowing exactly when that clock starts, and what can reset it, is critical. Federal student loans are exempt, but private borrowers can use this five-year limit as a powerful defense if it’s raised properly.

For private student loans in Florida, the key statute is Fla. Stat. § 95.11(2)(b), which sets a five-year statute of limitations for actions on written contracts. A student loan promissory note is a written contract, so this rule applies.

The countdown doesn’t start when you graduate or take out the loan. It begins at the moment of breach — the first missed payment. Florida follows a bright-line rule: once a payment is due and not made, the cause of action accrues and the five-year period student loan statute of limitations starts.

Here’s how that works in practice:

• First missed payment = breach. The clock begins on the due date of the first payment you skip.

• Each missed installment is separate. Every payment that comes due has its own five-year deadline unless the loan is accelerated.

• Earlier defaults may expire. A payment missed in 2020 may already be time-barred, but a 2022 default could still be within the five-year window.

This structure means a borrower’s timeline isn’t always straightforward. Lenders can sometimes rely on more recent defaults even if older ones have already expired.

Private student loans are usually installment contracts, meaning each missed payment creates its own five-year statute of limitations period. Many loan agreements also include an acceleration clause. After default, the lender can accelerate and demand the full balance at once. From that point, the statute of limitations runs on the entire loan.

In Florida, courts treat dismissed lawsuits differently. If a lender accelerates and then sues, but the case is dismissed, the loan is considered “decelerated.” The debt reverts to installment status, and each new missed payment after dismissal starts a fresh five-year period.

This principle originates in foreclosure cases — Bartram v. U.S. Bank and Grant v. Citizens Bank — but Florida courts have confirmed it applies to all installment contracts, including private student loans.

Florida has strict rules about when the five-year statute of limitations can be paused, a concept called tolling. Unlike states that allow broad “equitable tolling,” Florida limits tolling to the situations listed in its statutes. If it’s not in Fla. Stat. § 95.051, it doesn’t apply.

Florida tolling rules under Fla. Stat. § 95.051 include:

• Absence from the state: if the borrower leaves Florida and cannot be served with legal papers.

• Concealment or false identity: if the borrower hides or uses another name to avoid service.

• Bankruptcy: the automatic stay prevents lawsuits until the case ends.

• Minority or incapacity: if the person entitled to sue is a minor without a guardian or is legally incompetent.

• Other limited cases: arbitration proceedings or when the creditor itself is under a legal disability.

Florida law is strict: hardship, lender delay, or private forbearance agreements don’t pause the statute once it begins. Forbearance is treated differently because no payment is due during that period. The limitations clock starts only after the first missed payment once forbearance ends.

Even if the five-year statute of limitations is about to expire — or has already run — your actions can restart it. Florida law calls this revival, and it’s one of the most common ways borrowers lose a strong defense.

Two scenarios matter most:

• Partial payment (before five years are up): Any payment — even $5 — is treated as acknowledgment of the debt. The statute of limitations restarts from that payment date.

• Written promise (after five years have passed): Once the period expires, a payment alone won’t revive the debt. Under Fla. Stat. § 95.04, only a new written acknowledgment or signed promise to pay gives the lender a fresh five-year window.

Collectors know this. They often push borrowers to make token payments or sign “payment plan” forms. Those small steps can reset or revive the lawsuit window.

Florida’s five-year statute of limitations applies only to private student loans. They are treated as written contracts under Fla. Stat. § 95.11(2)(b).

Federal student loans are exempt. Under 20 U.S.C. § 1091a, Congress eliminated any statute of limitations on collection. The Department of Education and its servicers can pursue federal loans indefinitely — through lawsuits, wage garnishment, tax refund offsets, or even Social Security reductions.

If you refinance a federal loan into a private loan, the trade-off shifts. You lose federal protections like IDR and PSLF, but you gain coverage under Florida’s five-year statute of limitations. That means the refinanced loan is governed by state contract law — giving you a potential defense that federal loans don’t allow.

Not every private student loan tied to a Florida borrower falls under Florida’s five-year statute of limitations. Two rules often change the analysis.

Choice-of-law clauses (loan contracts):

• Many loan contracts specify which state’s law governs.

• Florida courts usually enforce those clauses if the chosen state has a real connection to the loan.

• Example: if your contract selects Massachusetts law — with its 20-year statute — a Florida court may apply that longer deadline.

Florida’s borrowing statute:

• Florida law § 95.10 prevents creditors from reviving expired debts by filing in Florida.

• If the claim “arose” in another state and is already time-barred there, Florida courts borrow that shorter period and bar the suit.

• Florida case law (Bates v. Cook, 509 So.2d 1112 (Fla. 1987); Lanoue v. Rizk, 987 So.2d 724 (Fla. 3d DCA 2008)) confirms courts may apply another jurisdiction’s shorter deadline — but not extend beyond Florida’s five years if the other state allows more.

Once the five-year period runs out, a private student loan is time-barred. The lender loses the right to sue for repayment, but the debt itself doesn’t disappear.

What this means in Florida:

• No lawsuit: After five years, the lender cannot file a valid lawsuit to collect.

• Collectors can still contact you: They may call or send letters, but they cannot legally threaten a lawsuit they cannot bring.

• Credit reporting continues: A default can stay on your credit report for up to seven years from the first missed payment, even if the loan is time-barred.

• Defense required: The statute of limitations is an affirmative defense. Courts will not dismiss a case on their own — you must raise it in your written answer.

• Judgments last longer: If you ignore a lawsuit and a judgment is entered, that judgment can be enforced for up to 20 years in Florida.

Related: When Do Payments Restart Student Loan Statute of Limitations?

Even when a private student loan is time-barred, collection efforts often continue. Florida and federal law give borrowers extra leverage.

Key protections:

• Countersue on stale lawsuits: If a collector knowingly files a time-barred case, you may recover damages and attorney’s fees under Florida’s Consumer Collection Practices Act (FCCPA).

• Challenge illegal threats: Even without a lawsuit, threatening to sue on an expired debt can violate both state and federal law.

• Who’s covered: The FCCPA applies to original lenders and third-party collectors; the FDCPA applies only to outside collection agencies.

Florida Consumer Collection Practices Act (FCCPA):

• Fla. Stat. § 559.72(9) makes it illegal to claim or threaten a legal right a creditor doesn’t have, such as suing on a time-barred loan.

• Applies to both creditors and collectors.

• Borrowers can file suit for violations within two years.

Federal Fair Debt Collection Practices Act (FDCPA):

• Found at 15 U.S.C. § 1692.

• Covers only third-party debt collectors.

• Courts in the Eleventh Circuit (which includes Florida) hold that threatening or filing a time-barred lawsuit can violate the FDCPA.