Florida Statute 95.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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95.04 Promise to pay barred debt.—An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.

History.—s. 1, ch. 4375, 1895; GS 1717; RGS 2930; CGL 4650; s. 6, ch. 74-382.

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Amendments to 95.04

Annotations, Discussions, Cases:

Cases Citing Statute 95.04

Total Results: 9 | Sort by: Relevance | Newest First

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Deakter v. Menendez, 830 So. 2d 124 (Fla. 3d DCA 2002).

Cited 15 times | Published | Florida 3rd District Court of Appeal | 2002 WL 2008195

...Regency Highland Condominium Ass'n, 452 So.2d 583 (Fla. 4th DCA 1984) (holding that execution of a note in satisfaction of an antecedent debt is satisfactory consideration for the note). Even if, as Menendez suggests, any claim on the 1988 notes was time-barred in 1995, section 95.04, Florida Statutes (1982), provides that a promise to pay a debt barred by the statute of limitations is enforceable if signed and in writing. See Nolden v. Nolden, 650 So.2d 84 (Fla. 5th DCA 1995). Of course, it remains the province of the trier of fact to determine whether the 1995 note was "an acknowledgment of, or promise to pay, a debt barred by a statute of limitations." § 95.04, Fla....

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Kitchens v. Kitchens, 142 So. 2d 343 (Fla. Dist. Ct. App. 1962).

Cited 8 times | Published | District Court of Appeal of Florida

...These oral promises avoid the operation of the Statute of Limitations, and they constitute a new cause of action upon which Thaddeus could rely. Even if the promise to pay the debt was barred by the Statute of Limitations, the note and mortgage constitute a writing, thus meeting the requirements of the Statute of Frauds, § 95.04, Florida Statutes, F.S.A., and the debt was thereby revived....

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Davis v. State, 928 So. 2d 442 (Fla. 5th DCA 2006).

Cited 7 times | Published | Florida 5th District Court of Appeal | 2006 WL 1144464

under section 95.4(a), the state could not prosecute him for the same actions under section 95.4(b). This

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In re Eddy, 572 B.R. 774 (Bankr. M.D. Fla. 2017).

Cited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2017 Bankr. LEXIS 1854

both parties correctly cite to Florida Statute Section 95.04 as controlling law. Under that statute and related

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Schroeder v. Manceri, 893 So. 2d 603 (Fla. 4th DCA 2005).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 156712

...An oral extension of a contract like an oral contract is valid. See St. Joe Corp. v. McIver, 875 So.2d 375, 381 (Fla.2004) (stating that "[o]ral brokerage contracts, like other oral contracts, are valid and enforceable.") Florida does have statutes which require a writing in certain situations. Under section 95.04, Florida Statutes, a promise to pay a debt barred by the statute of limitations must be in writing. Similarly, Florida's Statute of Frauds bars oral contracts in certain other situations. See § 725.01, Fla. Stat. (2003). However, the extension in this case was not required to have been in writing under either section 95.04 or section 725.01....

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Cheek v. Long, 235 So. 2d 349 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6407

600; 5 Fla.Jur., Brokers, § 50; 12 C.J.S. Brokers § 95(4), p. 227; 156 A.L.R. 1387. In the case sub judice

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Nolden v. Nolden, 650 So. 2d 84 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 117, 1995 WL 10494

limitations, was revived under the provisions of section 95.04, Florida Statutes: An acknowledgment of or a

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In re Kessler Mfg. Corp., 109 B.R. 516 (Bankr. S.D. Fla. 1989).

Published | United States Bankruptcy Court, S.D. Florida. | 1989 Bankr. LEXIS 2312

statutory section. In this case, FLA.STAT. Section 95.04 is controlling, because the alleged acknowledgment

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Sebastian Enter., Inc. v. Florida First Nat'l Bank at Vero Beach, 345 So. 2d 827 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida

11, Florida Statutes (1975) was applicable. Section 95.04, Florida Statutes (1975) provides “an acknowledgement

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 95 in the context of civil statutes of limitations and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.