Florida Debt Collection Laws: Your Consumer Rights

What Are Florida’s Debt Collection Laws?

Two main state laws govern debt collection in Florida. The Florida Consumer Collection Practices Act (FCCPA) protects you from harassment and unfair practices. The Florida Commercial Collection Practices Act addresses business debt collection.

Both laws supplement the federal Fair Debt Collection Practices Act (FDCPA). Together, they give you powerful protections against aggressive collectors.

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How Florida’s FCCPA Protects You

The FCCPA includes many of the same protections as the federal FDCPA. But Florida goes further by extending these rights to cover original creditors. The federal law only covers third-party debt collectors.

Florida also requires debt collectors to be licensed. You can verify their credentials before engaging with them.

How the Federal FDCPA Protects You

The FDCPA provides critical protections for consumers nationwide. It creates specific requirements that debt collectors must follow.

Debt collectors must:

Identify themselves and their agency in all communications
Send you a written validation notice within five days of first contact
Stop contacting you if you request it in writing
Verify the debt if you dispute it within 30 days

Debt collectors cannot:

Contact you at inconvenient times (before 8 a.m. or after 9 p.m.)
Contact you at work if they know your employer prohibits it
Harass, oppress, or abuse you during collection attempts
Use false or misleading statements about the debt
Threaten actions they cannot legally take or do not intend to take
Contact third parties about your debt except to locate you
Use unfair practices to collect the debt

Florida Requires Debt Collector Licensing

Not all states require third-party debt collectors to be licensed. The state of Florida does.

When a debt collection agency contacts you, ask for their licensing number. You can verify the collector is legitimate and legally allowed to operate. Doing so helps you avoid debt collection scams.

If the debt collector isn’t properly licensed, you may use this as a defense. Courts take licensing violations seriously in debt lawsuits.

Request Debt Verification

When you’re contacted about a debt, the collector must send a validation letter. You can ask for more information by writing a debt verification letter.

Use the verification letter to dispute debts you don’t believe you owe. It can also buy you time to develop a strategy.

What to Do if a Debt Collector Breaks the Law

Debt collectors sometimes break the law when trying to collect from individuals. If a collector harasses you or uses unfair practices, you can take action.

File a Complaint With State Agencies

A good first step is filing a complaint with the Florida Attorney General’s office. You’ll provide your contact information and details about the debt collector.

You can also file complaints with the Florida Office of Financial Regulation and the Florida Department of Agriculture and Consumer Services.

File a Lawsuit in State Court

You may be able to sue the debt collector in state court. File in the county where the violation occurred or where the violator works.

You must bring a lawsuit for FCCPA violations within two years of the violation date.

If your lawsuit succeeds, you may receive several types of damages. Courts can award actual damages, statutory damages up to $1,000, and punitive damages. You may also recover attorney fees and court costs.

You can also file a lawsuit for FDCPA violations in state or federal court. Consider hiring an experienced attorney to represent you. If you win, their fees should be covered by the collector.

Florida’s Statute of Limitations on Debt Collection

Statutes of limitations are state laws that limit collection timeframes. After the statute expires, a debt collector cannot successfully sue you for the debt.

Consumer debts backed by written contracts have a five-year statute of limitations. The same timeline applies for open-ended credit accounts like credit cards.

Consumer debts based on oral contracts have a four-year statute of limitations.

When Does the Clock Start?

Your debt contract outlines when the account is considered in default. Default often occurs after a missed or late payment and a specific period. The statute of limitations usually begins at this point.

Be Careful With Old Debts

If you’re contacted about an old debt, watch what you say. Making a payment on the debt can restart the statute of limitations.

Even acknowledging the debt in some states can reset the clock. Understand your rights before engaging with collectors about old debts.

What Debt Collectors Can Legally Do in Florida

Though they can’t harass you, debt collectors can contact you multiple ways. They can reach out via phone, mail, or even your social media accounts.

If they can’t reach you to discuss the debt, they may decide to sue you.

What Happens if a Collector Gets a Judgment?

If they win the court case, they can get a court judgment. With a judgment, collectors can garnish your wages, levy your bank account, or put a lien on your property.

Florida law limits how much of your paycheck they can take through garnishment. Head-of-household protections may exempt your wages entirely.

Never Ignore a Debt Lawsuit

If you get sued, don’t ignore the case hoping it disappears. Ignoring a lawsuit virtually guarantees you’ll lose by default.

If you don’t answer the court summons or appear for hearings, you’ll lose. The most important thing you can do is answer the summons promptly.

If you’re facing a debt collection lawsuit, our partner Solo can help you respond properly and negotiate a settlement.

Debt Relief Options Available to You

Many Americans struggle with overwhelming debt. Consumer bankruptcy filings are up, as is total consumer debt nationwide.

Help is available. Several debt-relief options can work for different situations.

Credit Counseling

Schedule a free appointment with a consumer credit counselor through our partner Cambridge Credit Counseling. These trained professionals work at nonprofit agencies dedicated to helping people manage debt.

The credit counselor will discuss options like debt management plans and debt consolidation. They’ll help you create a budget and develop a realistic repayment strategy.

Debt Management Plans

A debt management plan consolidates your debts into one monthly payment. Credit counselors negotiate with creditors to lower your interest rates. You make one payment to the counseling agency, which distributes funds to creditors.

Most debt management plans take three to five years to complete. They can save you thousands in interest and fees.

Bankruptcy as a Last Resort

Filing bankruptcy is a serious measure but brings tremendous relief. Thousands of people get a financial fresh start through bankruptcy each year.

Chapter 7 bankruptcy can eliminate most unsecured debts in three to four months. It stops collection calls, lawsuits, and wage garnishments immediately.

If you’re considering bankruptcy, speak with a bankruptcy attorney about your options. Many offer free consultations to evaluate your situation.

Frequently Asked Questions

What is the Florida Consumer Collection Practices Act?

The Florida Consumer Collection Practices Act (FCCPA) is a state law that protects consumers from harassment and unfair debt collection practices. It extends protections to cover both original creditors and third-party collectors. The FCCPA requires debt collectors to be licensed in Florida and provides consumers the right to sue collectors who violate the law.

How long can a debt collector pursue me in Florida?

In Florida, the statute of limitations for most consumer debts is five years for written contracts, including credit cards. For oral contracts, it's four years. After the statute expires, a collector cannot successfully sue you for the debt. However, be careful about making payments on old debts, as this can restart the statute of limitations.

Can I sue a debt collector for harassment in Florida?

Yes, you can sue a debt collector for violations of Florida or federal debt collection laws. You must file within two years of the violation. If successful, you may recover actual damages, statutory damages up to $1,000, punitive damages, and attorney fees. You can file in state court in the county where the violation occurred.

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

Ignoring a debt collection lawsuit is the worst thing you can do. If you don't answer the summons or appear in court, you'll likely lose by default. The collector can then get a judgment to garnish your wages, levy your bank account, or place liens on your property. Always answer the summons within the required timeframe.

How do I verify if a debt collector is licensed in Florida?

When a debt collector contacts you, ask for their licensing number. All third-party debt collectors must be licensed to operate in Florida. You can verify their credentials with the Florida Office of Financial Regulation. If a collector isn't properly licensed, you may use this as a defense in court and file a complaint with state agencies.

Florida Debt Collection Laws: Know Your Rights as a Consumer