Florida Small Claims Court Statute of Limitations

What the Statute of Limitations Means for Small Claims

The statute of limitations is a deadline for filing a lawsuit. If the plaintiff files after the applicable deadline has passed, the claim is time-barred — the court will dismiss it if you raise the defense. In Florida small claims court, the same statutes of limitations that apply to general civil cases apply here. The $8,000 jurisdictional cap does not change the filing deadlines.

The limitation period depends on the type of claim. Under Florida law, the period generally starts when the cause of action accrues, which can be later than the date of an event; specific statutes and tolling rules can change the calculation.

Common Limitation Periods in Florida

Written contracts: 5 years under Section 95.11(2)(b), Florida Statutes. This covers signed agreements, leases, loan contracts, and written service agreements with specific terms.

Oral contracts: 4 years under Section 95.11(3)(j). This applies to verbal agreements — handshake deals, spoken promises, informal arrangements without written documentation.

Property damage: The deadline depends on the claim. An action for taking, detaining, or injuring personal property has 4 years under Section 95.11(3)(g). Some real-property damage claims are founded on negligence and follow the negligence period below; construction-defect claims follow separate rules.

Negligence (personal injury): 2 years under Section 95.11(5)(a) for causes of action accruing after March 24, 2023, when HB 837 took effect. Earlier claims may be subject to the former 4-year period. This applies to accidents and injuries caused by someone's carelessness.

Fraud: 4 years under Section 95.11(3)(i). Under Section 95.031(2)(a), the clock starts when the facts giving rise to the claim were discovered or should have been discovered through reasonable diligence, but the action must be brought within 12 years after the fraud was committed.

Unjust enrichment / quasi-contract: Generally 4 years under Section 95.11(3)(o), the provision for actions not otherwise specified. These claims are treated as actions at law and fall within small claims jurisdiction.

How to Raise the Statute of Limitations Defense

In Florida small claims court, raising the defense is straightforward because written pleadings are optional under Rule 7.090(c). You can raise it verbally at the pretrial conference by telling the judge that the plaintiff's claim is time-barred and explaining when the underlying event occurred.

If you prefer to put it in writing — which can be more persuasive — you can file a written motion to dismiss citing the applicable statute of limitations. File it through the Florida Courts E-Filing Portal (myflcourtaccess.com) and bring copies to the pretrial conference. Remember that filing a motion does not excuse you from attending the hearing.

If the dates in the Statement of Claim appear to put the case outside the applicable period, bring the contract, correspondence, receipts, or other dated evidence to the pretrial conference. The court decides disputes about accrual, discovery, and tolling.

Tolling and Exceptions

Several circumstances can pause or extend the statute of limitations:

• Defendant left Florida: Section 95.051(1)(a) tolls the period during the defendant's absence from Florida, but this does not apply if service can still be made in a way sufficient to give the court jurisdiction
• Defendant concealed themselves: Concealment in Florida that prevents service can toll the period under Section 95.051(1)(c); the tolling does not apply if service can still be made
• Minority or legal disability: Section 95.051(1)(i) tolling for a minor or previously adjudicated incapacitated plaintiff applies only during periods when no parent, guardian, or guardian ad litem exists, has an adverse interest, or is adjudicated incapacitated. The statute generally requires suit within 7 years and has a medical-malpractice exception.
• Discovery rule: For fraud, Section 95.031(2)(a) starts the period when the facts were discovered or should have been discovered with due diligence, subject to the 12-year outside limit

These exceptions mean that even a claim that appears time-barred on paper may survive if the plaintiff establishes tolling. Bring any evidence you have about the timeline — contracts, correspondence, dated communications — to support your defense.

Next Steps

If you believe the lawsuit against you may be time-barred, gather documentation showing when the disputed event occurred and compare it against the applicable limitation period. For a complete walkthrough of all defendant options in Florida small claims court, the Florida Small Claims Response Guide covers the full process.

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