Sued by Capital One in Florida? Here's What to Do Next

2012 · consent order

$210M total ($140M consumer refunds + $25M CFPB penalty + $35M OCC penalty)

In the CFPB's first-ever enforcement action, Capital One was found to have used deceptive marketing tactics through third-party vendors that pressured or misled approximately two million credit card customers into buying add-on products they did not want or could not use.

CFPB source

2025 · lawsuit dismissed

$425M class action settlement (separate from CFPB action)

The CFPB sued Capital One in January 2025 alleging it cheated 360 Savings account customers out of more than $2 billion in interest. The CFPB voluntarily dismissed the lawsuit in February 2025 after the change in administration. A separate $425M class action settled in private litigation covering the same conduct.

CFPB source

Statute of Limitations Defense

In Florida, the statute of limitations for credit card debt is 5 years. If your last payment was more than 5 years ago, the debt is time-barred. Verify when your last payment or account activity occurred and raise the SOL defense in your Answer if applicable.

Challenge the Amount

Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.

Florida Wage Garnishment Exemptions

Head of household is completely exempt from wage garnishment if providing more than half of a dependent's support. Strong protection.

Florida Consumer Collection Practices Act (FCCPA)

In addition to the federal FDCPA, Florida's Florida Consumer Collection Practices Act (FCCPA) may provide additional protections and remedies against Capital One's collection practices.

Florida Court System

County court handles cases up to $50,000. Circuit court for larger amounts. Small claims up to $8,000. Filing fees in Florida typically range $55-$400.

Can Capital One sue me for credit card debt?

Yes. Capital One regularly sues consumers for unpaid credit card balances. Unlike debt buyers, Capital One is the original creditor and typically has the original account documentation.

How much does Capital One sue for?

Capital One sues for various amounts, from a few hundred dollars to tens of thousands. They tend to be more aggressive in pursuing larger balances but have been known to sue for smaller amounts as well.

What defenses do I have against Capital One?

Potential defenses include statute of limitations, improper service, incorrect balance, identity theft or fraud, and procedural errors in their complaint. You should also verify that all charges and interest calculations are accurate.

Should I settle with Capital One?

Settlement may be an option. Capital One is sometimes willing to negotiate reduced balances or payment plans. However, you should understand your rights and defenses first — you may not owe what they claim, or the lawsuit may be time-barred.

Does Capital One use collection agencies?

Capital One sometimes uses third-party collection agencies and law firms. When they do, those collectors must follow the FDCPA. If a collection agency or law firm hired by Capital One violates the FDCPA, you may have grounds for a lawsuit against them.

How long do I have to respond in Florida?

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

What is the statute of limitations in Florida?

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

What is the FCCPA?

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.

Can they garnish my wages in Florida?

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.

What courts handle debt lawsuits in Florida?

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

Can a debt collector in Florida sue me on a credit-card debt that is more than five years old?

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.

How much of my wages can a Florida debt collector garnish after winning a judgment?

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.

What does the 30-day notice under Florida Statute 559.715 mean for a debt-buyer suit?

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.

Can a debt collector freeze my Florida bank account?

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.

Does the FCCPA give me more rights than the federal FDCPA in Florida?

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.

How do I respond to a debt-collection lawsuit served on me in Florida?

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.