Sued for Debt in Florida? Here's What to Do Next

20 days from service to file your Answer with the court. This is a strict deadline.

5 years for written contracts including credit cards. 4 years for oral contracts.

The Florida Consumer Collection Practices Act provides additional protections beyond the federal FDCPA. It prohibits many deceptive collection practices and allows consumers to recover actual damages plus attorney fees.

If you are head of household and provide more than half the support for a dependent, your wages are completely exempt from garnishment. This is one of the strongest protections in the country.

Small claims up to $8,000, county court up to $50,000, and circuit court for larger amounts.

Florida's statute of limitations for a written contract is five years under Fla. Stat. § 95.11(2)(b) and four years for an account or unwritten contract under Fla. Stat. § 95.11(3)(k). For most credit-card accounts opened in Florida, courts apply the five-year written-contract limit if the cardholder agreement is in writing, or four years if it is not. If a collector files after the limitations period has run, that itself can be a violation of the FCCPA at Fla. Stat. § 559.72(9) for asserting a legal right the collector knows does not exist, and it can be a violation of the federal FDCPA at 15 U.S.C. § 1692e(2) for misrepresenting the legal status of a debt. The defense is not automatic, you have to plead it as an affirmative defense in your answer or it is waived. Partial payment or written acknowledgment after the period runs can also restart the clock under Florida law, so do not pay or sign anything without reading it first.

Florida has one of the strongest wage-protection statutes in the country. Under Fla. Stat. § 222.11, the disposable earnings of a head of family are exempt from garnishment if they are $750 per week or less. If head-of-family earnings are above $750 per week, they are still exempt unless the consumer agrees to garnishment in writing. For consumers who are not heads of family, the federal cap under 15 U.S.C. § 1673 applies, which limits garnishment to 25 percent of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage, whichever is less. Social Security, SSI, VA benefits, unemployment compensation, and most retirement income are also exempt under federal law and Fla. Stat. § 222.21. You claim head-of-family status by filing a sworn statement with the court after the writ of garnishment is served.

Fla. Stat. § 559.715 requires that when a consumer debt is assigned for collection, the assignee must give the consumer written notice of the assignment at least 30 days before filing suit. Florida appellate courts, including the Fourth District in Brindise v. U.S. Bank, have held that this notice is a condition precedent to filing collection litigation and can be raised as an affirmative defense. If you are sued by Midland Funding, LVNV, Cavalry SPV, or Portfolio Recovery and the complaint does not allege that a 559.715 notice was given, you can move to dismiss or plead the missing notice as a defense. Some courts require the notice to be attached to the complaint. The notice has to identify the new owner of the debt and provide a way to contact them. Always check your records for any letter that resembles this notice before responding to the suit.

A judgment creditor in Florida can serve a writ of garnishment on your bank under Fla. Stat. Chapter 77, and the bank will freeze the account up to the judgment amount. Once the writ is served, you have 20 days under Fla. Stat. § 77.041 to file a claim of exemption identifying any protected funds. Funds traceable to Social Security, SSI, VA benefits, unemployment, child support, workers compensation, and most retirement accounts are exempt under Fla. Stat. § 222.21 and federal law. Head-of-family wages deposited into the account are also exempt under Fla. Stat. § 222.11 for up to six months. If you do not file the exemption claim on time, the bank pays the funds to the creditor. File the claim of exemption form, sometimes called Form 1.977, with the clerk and serve it on the creditor's attorney; the court must then schedule a hearing within five business days.

Yes, in important ways. The federal FDCPA at 15 U.S.C. § 1692a(6) applies only to third-party debt collectors, but the Florida FCCPA at Fla. Stat. § 559.72 applies to anyone collecting a consumer debt, including the original creditor, the original lender, a landlord, and an in-house collection department. So if you are being harassed by a bank or credit card issuer that is still servicing your account, the FCCPA covers it even though the federal FDCPA usually does not. Remedies under Fla. Stat. § 559.77 include actual damages, statutory damages up to $1,000, punitive damages, and attorney fees for the consumer. You can also bring both an FDCPA claim and an FCCPA claim in the same lawsuit, which doubles the statutory exposure for the collector and increases settlement leverage.

In Florida county court, if you are sued for under $8,000 the case is on the small-claims track under Florida Small Claims Rules, and you must appear in person at the pretrial conference listed on the summons. For cases above $8,000, you have 20 days from the date of service under Fla. R. Civ. P. 1.140 to file a written answer with the clerk and serve it on the plaintiff's attorney. Include any affirmative defenses such as statute of limitations under Fla. Stat. § 95.11, lack of standing of the debt buyer, failure to give 559.715 notice, and any FCCPA or FDCPA counterclaims. Do not ignore the summons; default judgment is automatic if you fail to respond, and the creditor can then garnish wages and bank accounts. Filing fees are waived for indigent filers under Fla. Stat. § 57.082.