How to Answer a Debt Collection Summons in Florida (2025)

Getting sued for debt is stressful. You can make it easier by knowing how to respond correctly.

You have only 20 days to act. Use this guide to fight back effectively.

You Have 20 Days to Respond in Florida

Florida gives you just 20 days to respond after being served. The clock starts the day after you receive the Summons and Complaint.

Weekends and holidays count. Miss this deadline and you lose automatically by default judgment.

Example: Jenny receives her Summons on Friday, March 11th. She must file her Answer by Thursday, March 31st. She files on the last day and avoids default.

Courts sometimes grant extensions if you’re representing yourself. But don’t count on it. File on time.

If you need help responding to your lawsuit, our partner Solo can guide you through drafting your Answer quickly.

Use an Answer Form to Respond

You don’t need fancy legal language. A simple Answer form does the job.

Our partner Solo helps you draft a professional Answer in minutes. Attorneys created the form. It has protected consumers from losing over $100 million.

Florida courts also offer self-help forms you can use. Download one and fill it out yourself.

The form should include responses to each claim. It should also list your defenses. More on that below.

You Don’t Need an Attorney to Win

Hiring a lawyer costs thousands. Often more than the debt itself.

You can represent yourself successfully. Many people do it every day.

Our partner Solo makes self-representation simple. You answer questions online. The system builds your Answer document. You file it with the court.

For a small fee, an attorney can review your documents. This gives you confidence without the high cost.

Representing yourself saves money and time. You avoid the stress of finding and hiring a lawyer.

Follow These Three Steps to Respond

Every debt lawsuit follows the same pattern. You receive a Summons and Complaint. You have 20 days to file an Answer.

Your Answer should follow three steps. Skip any step and you weaken your defense.

Step 1: Respond to Each Claim

The Complaint lists numbered allegations against you. You must respond to each one.

Keep your answers short. Don’t explain or justify. Just respond in one of three ways:

• Admit: You agree the statement is true.
• Deny: You disagree. Make them prove it.
• Deny due to lack of knowledge: You don’t have enough information.

Most attorneys recommend a general denial. Deny everything and force the collector to prove their case.

Don’t over-explain. Short, direct answers work best.

Step 2: Assert Your Affirmative Defenses

Affirmative defenses are legal reasons you should win. This is where you tell your side.

Common defenses include:

• The account isn’t yours
• The statute of limitations has expired
• You already paid the debt
• The amount is wrong
• You were a co-signer and weren’t informed of your rights
• The debt was discharged in bankruptcy
• The collector doesn’t have proper documentation

Being unable to pay is not a valid defense. Focus on legal reasons instead.

List every defense that applies. Include supporting documents when possible.

Step 3: File and Serve Your Answer

Filing your Answer correctly is critical. Courts reject improperly filed documents.

Follow these steps:

• Print three copies of your Answer
• Sign each copy in ink
• Mail one to the plaintiff’s attorney
• File the original with the court clerk
• Keep one copy for your records

The plaintiff’s attorney address appears at the top left of the Complaint. The court address is in the first paragraph.

Include a certificate of service. This confirms you sent a copy to the other side.

Our partner Solo handles filing for you. An attorney reviews your documents first. Then they file with the court electronically.

Show Up for Your Hearing

Sometimes the court schedules a hearing after you file. Don’t ignore it.

Many cases get dismissed just from filing an Answer. But some require a hearing.

Miss your hearing and you lose automatically. The judge enters a default judgment against you.

Mark the date on your calendar. Arrive early. Bring copies of all documents.

You can settle before the hearing. Many collectors prefer settling over going to court.

Investigate Before Paying a Collector

Debt collectors buy old debts for pennies. They hope you’ll pay without asking questions.

Before sending money, verify the debt is valid. Check the statute of limitations first.

Making even one payment restarts the clock. A time-barred debt becomes collectible again.

Send a Debt Validation Letter instead. This forces the collector to prove you owe the debt.

Many collectors give up after receiving this letter. Validation costs them time and money.

Florida’s Statute of Limitations Protects You

Florida’s statute of limitations on most debt is five years. This includes credit card debt.

The clock starts from your last payment or account activity.

After five years, collectors can’t legally sue you. But they can still contact you and try.

You must raise this defense yourself. The court won’t research your debt history.

Use the expired statute as an affirmative defense in your Answer. The case should be dismissed.

Never make a payment on time-barred debt. This resets the five-year countdown.

Statute of Limitations by Debt Type

Our partner Solo can help you use the statute of limitations as a defense.

How Long Does a Judgment Last?

Judgments in Florida last 20 years. But the rules are more complex than that.

Creditors can get judgment liens on your property. A lien works like a secured loan on your house or car.

Judgment liens last 10 years. Creditors can renew them for another 10 years.

Similarly, judgments can be renewed multiple times. But renewal isn’t automatic.

The creditor must file paperwork each time. If they miss the deadline, the judgment expires.

Florida Debt Collection Laws Protect You

Federal law protects consumers through the FDCPA. Florida adds even more protections.

Florida law prohibits collectors from:

• Impersonating law enforcement
• Sending mail with embarrassing words on the envelope
• Threatening you with fake legal action
• Using fake legal documents
• Contacting others about your debt (except your attorney)
• Contacting you if they know you have an attorney

The Florida Consumer Collection Practices Act (FCCPA) extends beyond federal law. It covers original creditors too, not just collectors.

Report violations to the Consumer Financial Protection Bureau or Florida Office of Financial Regulations.

You may be able to sue for damages. Do this before settling.

Florida Debt Settlement Laws

Settling debt wipes the slate clean. But Florida has specific rules.

First, verify the collector is licensed in Florida. Ask for their license number.

No license? They likely can’t legally collect the debt.

The FCCPA prohibits both collectors and original creditors from using unfair tactics.

Report violations before settling. You might recover damages on top of resolving your debt.

Always get settlement terms in writing. Make sure the agreement says the creditor won’t pursue further collection.

The Fair Credit Reporting Act Works in Florida

The FCRA is federal law. It applies in every state.

Key protections include:

• Negative marks removed after seven years (bankruptcy after 10)
• Free annual credit report
• Right to dispute inaccurate information
• Right to demand debt validation
• Right to sue for violations
• Right to know when your report is used against you

Florida adds extra protections. Insurers must tell you if they use your credit report.

Employers need written consent to check your credit. They can’t fire or reject you based solely on credit.

You can place a security freeze on your credit. No one accesses it without your permission.

If the Creditor Sells Your Debt

Debt collectors must validate debts within five days of contacting you. This is federal law.

If they don’t validate, send a Debt Validation Letter. Many collectors give up at this point.

Without validation, they must stop contacting you. You owe nothing if they can’t prove the debt.

Never pay until you see written validation. The debt might not even be yours.

What If You Haven’t Been Sued Yet?

Received a collection notice but no lawsuit? Send a Debt Validation Letter immediately.

This letter disputes the debt. Collectors must provide proof before continuing collection efforts.

They can’t call or send more letters until they validate. Many won’t bother.

Send the letter within 30 days of the first collection contact. This maximizes your protection.

A Debt Validation Letter often stops collections completely. Collectors move on to easier targets.

Make a Motion to Compel Arbitration

You can avoid court by requesting arbitration. But your contract must include an arbitration clause.

Arbitration is different from mediation. An arbitrator issues a legally binding ruling.

Many credit card agreements include arbitration clauses. Check your original contract.

Your Motion to Compel Arbitration must include:

• The exact text of the arbitration clause
• A request to enforce that clause
• The parties’ identities
• A Notice of Hearing
• The court with jurisdiction
• Your signature

Filing this motion is complex. Our partner Solo simplifies the process.

Settle Your Debt in Florida

You don’t need an arbitration clause to settle. You can negotiate a settlement anytime.

Settlement means paying less than you owe. The creditor stops all collection efforts.

You can settle before or after being sued. But act fast once you’re served.

File your Answer first. This keeps your options open. Then send a settlement offer.

Get the agreement in writing before sending money. Make sure it ends all collection activity.

Settling saves you from wage garnishment and bank levies. It’s often the best option.

Stop Wage Garnishment in Florida

Ignoring a lawsuit leads to a judgment. Judgments allow wage garnishment.

Florida protects certain income types from garnishment:

• Social Security benefits
• SSI benefits
• Unemployment compensation
• Public assistance
• Veterans’ benefits
• Retirement or pension income
• Annuity proceeds
• Workers’ compensation
• Life insurance benefits

If protected income is being garnished, file a claim of exemption form immediately.

Florida offers more garnishment protections than many states. Know your rights.

File in Duval County Court

Duval County residents must file with the Duval Clerk of Court.

Your Answer must respond to every allegation. Admit, deny, or deny due to lack of knowledge.

Include affirmative defenses. Attach supporting documents when possible.

Format your Answer correctly:

• Caption with plaintiff’s name and your name
• Case number, division, and court name
• Numbered paragraphs matching the Complaint
• Your responses to each allegation
• Your affirmative defenses
• Certificate of service

Send one copy to the plaintiff. File the original with the court. Keep one copy.

Our partner Solo handles Duval County filings. We format everything correctly.

Find Debt Relief in Florida

Debt feels overwhelming. But you have more options than you think.

Consider these strategies:

Make a Repayment Plan

Use the snowball method. Pay off smallest debts first. Roll those payments into larger debts.

Tracking progress keeps you motivated. Celebrate each milestone.

Debt Consolidation Loan

Combine multiple debts into one payment. Usually with lower interest.

You need decent credit to qualify. Make sure the interest rate is actually lower.

Financial Assistance Programs

Low income? You might qualify for SNAP or TANF benefits.

Florida offers rental assistance through the Office on Homelessness. These programs free up money for debt repayment.

Settle Your Debt

Offer a lump sum less than you owe. Many creditors accept.

Settling saves you money. It saves creditors time and legal costs.

Bankruptcy

Chapter 7 eliminates most debts. You need low income and few assets.

Chapter 13 creates a repayment plan. You keep more assets.

Bankruptcy damages your credit. But it gives you a fresh start.

Avoid “free debt relief” scams. They prey on desperate consumers.

Apply for Unemployment Benefits

Lost your job? Florida offers Reemployment Assistance for up to 12 weeks.

You must meet these requirements:

• Be able to work
• Have worked in Florida for 12 months
• Earn minimum wages during that period
• Be unemployed (fully or partially)
• Actively seek work

Gather documentation of your last 18 months of employment. Include employer names, earnings, dates, and Federal Employer ID Numbers.

These benefits help you stay afloat while job hunting.

Check Your Court Case Status

Tracking your case prevents missed deadlines. You need your case number.

Lost it? Visit the Florida court system online portal. Search by attorney name, plaintiff name, filing date, or court location.

Still can’t find it? Call your court clerk or visit in person.

Once you have the case number, track progress online. Request copies of records by mail if needed.

Find Your Local Florida Court

You must file in the correct court. Find your county court to file your Answer.

Florida has circuit courts and county courts. Debt lawsuits usually go to county court.

Check the Summons for the court name. It lists the exact location for filing.

File in the wrong court and your Answer gets rejected. Double-check before submitting.

Key Takeaways

Responding to a debt lawsuit in Florida requires fast action:

• You have only 20 days to respond
• Use an Answer form to respond properly
• Deny each claim and assert affirmative defenses
• File with the court and serve the plaintiff
• Show up for any scheduled hearings

Don’t let debt collectors win by default. You have rights and defenses.

Fighting back protects your wages, bank account, and property. Take action today.