Florida Statutes

Fla. Stat. § 95.04 (2025)

Promise to pay barred debt.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 8 cases, 1962–2020 · leading case: Deakter v. Menendez, 830 So. 2d 124 (Fla. 3d DCA 2002).

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Deakter v. Menendez, 830 So. 2d 124 (Fla. 3d DCA 2002). · cites it 4× “" § 95.04, Fla. Stat. (1982). Entry of summary judgment was improper as Menendez failed to conclusively establish proof of absence of consideration for the alleged renewal promissory note.”

In re Eddy, 572 B.R. 774 (Bankr. M.D. Fla. 2017). · cites it 3× “See Fla. Stat. § 95.04 ; Nolden v. Nolden, 650 So.”

Nolden v. Nolden, 650 So. 2d 84 (Fla. 5th DCA 1995). · cites it 4× “The dispositive issue in this case is whether Susan Nolden’s debt (evidenced by a promissory note), barred by the statute of limitations, was revived under the provisions of section 95.04, Florida Statutes: An acknowledgment of or a promise to pay a debt barred by the statute of…”

Schroeder v. Manceri, 893 So. 2d 603 (Fla. 4th DCA 2005). · cites it 3× “Similarly, Florida's Statute of Frauds bars oral contracts in certain other situations. See § 725.01, Fla. Stat.”

Sebastian Enter., Inc. v. Florida First Nat'l Bank at Vero Beach, 345 So. 2d 827 (Fla. 4th DCA 1977). · cites it 2× “Section 95.04, Florida Statutes (1975) provides “an acknowledgement of .”

Kitchens v. Kitchens, 142 So. 2d 343 (Fla. 2d DCA 1962). “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…”

In re Kessler Mfg. Corp., 109 B.R. 516 (Bankr. S.D. Florida 1989). · cites it 4× “04 provides: 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.”

Domke v. Mrs Bpo, LLC (M.D. Fla. 2020). · cites it 3× “14, 2018); § 95.04, Fla. Stat. (“An acknowledgement 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.”

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