Answer Florida Debt Collection Summons: 20-Day Guide

You received a court summons for debt collection in Florida. You need to act fast. You have just 20 days to respond or risk losing by default.

Debt collectors count on you ignoring their lawsuit. They want an easy win. Filing an answer shows you’re ready to fight back.

Respond to Your Florida Debt Lawsuit in Minutes

Don't let debt collectors win by default. Our partner Solo has helped over 300,000 people answer their summons and fight back. Complete your answer form today before your 20-day deadline expires.

Create Your Answer Now

How Debt Collection Lawsuits Work in Florida

Debt collection lawsuits are civil cases, not criminal. Creditors or debt collectors sue to recover money you allegedly owe.

In Florida, debts under $8,000 are handled in small claims court. Cases between $8,000 and $50,000 go to county civil court, though this is rare for debt lawsuits.

You’ll receive two documents when you’re sued:

A summons notifying you of the lawsuit
A complaint (or statement of claim) explaining what you allegedly owe

The summons lists the law firm suing you, the amount claimed, and your deadline to respond. The complaint outlines their case against you in numbered paragraphs.

Most debt collectors seek a money judgment. That’s a court order forcing you to pay the debt plus legal fees and court costs.

What Happens if You Don’t Respond

Ignoring the lawsuit triggers serious consequences. The court will issue a default judgment against you. You lose without getting your day in court.

With a judgment, debt collectors can:

Garnish your wages (with exceptions for heads of household)
Levy your bank account
Put liens on your property

The collector needs that court order before they can touch your paycheck or bank account. Your answer stops them from getting an automatic win.

Many debt collectors drop cases once you file an answer. Simply responding proves you won’t be an easy target. Even without an attorney, you can win your case.

If you’ve been sued but can’t afford a lawyer, our partner Solo helps you draft an answer for a small fee. They’ve helped over 300,000 people respond to debt lawsuits with a money-back guarantee.

How To Answer Your Florida Court Summons

You must file an answer with the county court within 20 days. You also need to send a copy to the person suing you.

The 20-day deadline includes weekends and holidays. Don’t wait until the last minute.

Step 1: Create Your Answer Form

Your answer is a legal document responding to each claim. You’ll admit, deny, or state you lack knowledge about each numbered paragraph in the complaint.

List any defenses you have. Number them to match the complaint’s paragraph numbers. Attach copies of supporting documents.

Use DIY Florida for Free Forms

Florida courts offer DIY Florida, a free online tool. It asks simple questions about your case and generates your answer form.

The service also lets you file online. You won’t need to visit the courthouse.

Common Defenses in Debt Collection Cases

You may have valid defenses even if you owed the debt originally. Consider these options:

The statute of limitations expired
You already paid the debt
The amount claimed is wrong
The collector violated the Fair Debt Collection Practices Act
You never received the goods or services
The debt belongs to someone else

Community Legal Services of Florida provides detailed information on defenses. Review Florida’s debt collection laws to understand your rights.

What Your Answer Must Include

Every answer form needs:

Names of both parties
Court name and division
Case number
Your response to each numbered claim
Your defenses (numbered and explained)
Your signature and date

Make at least three copies. One for the court, one for the plaintiff’s attorney, and one for your records.

Step 2: File Your Answer With the Court

Submit your answer to the clerk of court at your county courthouse. The courthouse name appears on your summons.

You can file online through DIY Florida or deliver it in person. Some counties accept filing by mail.

Use this court directory to find your county clerk’s contact information.

Step 3: Serve the Plaintiff

Service means proper delivery according to court rules. You must send a copy of your answer to the plaintiff’s attorney.

You can usually email it to the attorney listed on the summons. Ask your county clerk what method is required.

You may need to file a certificate of service with the court. The certificate proves you sent the answer to the other side.

What Happens After You File

The court will schedule a pre-trial conference. You’ll receive notice with the date, time, and location.

Show up for every court date. If you can’t attend, call the clerk immediately to request a continuance.

The debt collector may contact you about settling. That’s good news. It means your answer worked. Keep up with court appearances even while negotiating. Protect yourself if settlement talks fall through.

Our partner Solo also helps with debt settlement negotiations if you use their service.

Preparing for Your Court Hearing

Small claims cases are less formal than other lawsuits. Still, you need to prepare properly.

Follow these tips:

Arrive 15 minutes early
Dress professionally (business casual minimum)
Bring all documents supporting your case
Address the judge as “Your Honor”
Stay calm and speak clearly
Stick to facts, not emotions

Watch this video from Florida Courts Help on courtroom expectations before your hearing.

What if You Already Have a Default Judgment

A default judgment means you lost because you didn’t respond. You may still have options.

You can file a motion for relief from judgment. Most motions must be filed within one year of the judgment date.

Valid Reasons for Relief

Florida courts only grant relief for specific reasons:

Clerical mistakes in the judgment
Newly discovered evidence
Fraud committed by the other party
The judgment is void
Exceptional circumstances beyond your control

You need a strong legal argument. Consider consulting an attorney before filing. Many offer free consultations.

The Florida courts provide a comprehensive list of legal aid resources throughout the state.

Your Rights Under Florida Law

Debt collectors must follow strict rules when suing you. Violations give you powerful defenses.

They cannot:

Sue after the statute of limitations expires (usually 5 years for written contracts, 4 years for oral agreements)
Harass or threaten you
Lie about the amount you owe
Claim they’re attorneys if they’re not
Threaten actions they can’t legally take

Document every interaction with debt collectors. Save letters, emails, and phone messages. These become evidence if they break the law.

When Debt Collection Becomes Overwhelming

Facing multiple lawsuits or judgments can feel crushing. You have options even when debt seems impossible.

Bankruptcy might provide relief if you qualify. Chapter 7 eliminates most unsecured debts. Chapter 13 creates a payment plan based on what you can afford.

Many people fear bankruptcy, but it exists to give you a fresh start. A judgment won’t disappear on its own. Neither will wage garnishment.

Frequently Asked Questions

What happens if I ignore a debt collection summons in Florida?

The court will issue a default judgment against you. The debt collector can then garnish your wages (with exceptions for heads of household) or levy your bank account. You lose without getting to present your side of the story. Filing an answer within 20 days prevents this automatic loss.

How do I file an answer to a Florida debt lawsuit?

Use Florida's free DIY Florida tool to create your answer form online. Respond to each numbered claim in the complaint by admitting, denying, or stating you lack knowledge. List any defenses you have. File with the county court clerk and send a copy to the plaintiff's attorney within 20 days of being served.

Can I still fight a debt lawsuit if I owe the money?

Yes. You may have valid defenses even if you originally owed the debt. The statute of limitations may have expired, the amount could be wrong, or the collector may have violated debt collection laws. Simply filing an answer often leads to settlement negotiations or case dismissal.

What is the statute of limitations for debt collection in Florida?

Florida's statute of limitations is typically 5 years for written contracts like credit cards and 4 years for oral agreements. If the debt is older than this, the collector cannot legally sue you. You must raise this as a defense in your answer for it to count.

What should I do if I already have a default judgment against me?

File a motion for relief from judgment within one year. Valid reasons include clerical mistakes, newly discovered evidence, fraud, or exceptional circumstances. This is complex, so consider consulting a legal aid attorney. Many offer free consultations.

How To Answer a Florida Court Summons for Debt Collection