Skip to main content

What is the Statute of Limitations for filing a small claims suit in Florida (Hillsborough County) ?

Tampa, FL |

na

Attorney Answers 2


  1. The answer to your question is found in Fla. Stat.
    s. 95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:
    (1) WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this state.
    (2) WITHIN FIVE YEARS.—
    (a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country.
    (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05(10) and 713.23(1)(e).
    (c) An action to foreclose a mortgage.
    (d) An action alleging a willful violation of s. 448.110.
    (3) WITHIN FOUR YEARS.—
    (a) An action founded on negligence.
    (b) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.
    (c) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest.
    (d) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment.
    (e) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.
    (f) An action founded on a statutory liability.
    (g) An action for trespass on real property.
    (h) An action for taking, detaining, or injuring personal property.
    (i) An action to recover specific personal property.
    (j) A legal or equitable action founded on fraud.
    (k) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.
    (l) An action to rescind a contract.
    (m) An action for money paid to any governmental authority by mistake or inadvertence.
    (n) An action for a statutory penalty or forfeiture.
    (o) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (4), (5), and (7).
    (p) Any action not specifically provided for in these statutes.
    (q) An action alleging a violation, other than a willful violation, of s. 448.110.
    (4) WITHIN TWO YEARS.—
    (a) An action for professional malpractice, other than medical malpractice, whether founded on contract or tort; provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence. However, the limitation of actions herein for professional malpractice shall be limited to persons in privity with


  2. Your question cannot be answered as the Statute of Limitations differs depending upon the cause of action. What do you wish to sue for? Is it negligence or a breach of contract?

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics