Debt Collection Laws in Florida: Know Your Rights in 2024
Florida law provides strong protections against aggressive debt collectors. You have five years statute of limitations on most debts, exemptions for your home and vehicle, and wage garnishment limits. If you're sued, responding with an Answer asserts your defenses and dramatically improves your chances of a favorable outcome.
Respond to LawsuitDebt collectors calling around the clock? You have rights that protect you from harassment. Florida law and federal regulations work together to shield you from aggressive collection tactics.
You can fight back against unfair collectors. You can defend yourself in court. And you can settle your debts on your terms.
Sued for Debt in Florida? Respond in Minutes
You have only 20 days to file your Answer after being served. Our partner Solo walks you through each defense, reviews your response, and files it with the Florida court. Protect your rights before the deadline passes.
Draft Your Answer NowFlorida Statute of Limitations on Debt
Florida gives debt collectors five years to sue you. The clock starts from your last payment or account activity. After five years, collectors lose their legal right to sue.
Most debts follow the same five-year rule. Credit cards, medical bills, auto loans, and personal loans all have identical deadlines. Court judgments are the exception with a 20-year limit.
Warning: Making a payment resets the clock. Even a small good-faith payment restarts the entire five-year period. Collectors know this trick and will push you to pay something.
Statute of Limitations by Debt Type
| Debt Type | Time Limit |
|---|---|
| Credit Card | 5 years |
| Medical Bills | 5 years |
| Auto Loan | 5 years |
| Student Loan | 5 years |
| Mortgage | 5 years |
| Personal Loan | 5 years |
| Court Judgment | 20 years |
Source: Fla. Stat. § 95.11
Check your last payment date before taking any action. You might have a powerful defense if the statute of limitations has expired. Our partner Solo can help you respond to lawsuits and assert this defense properly.
Federal Law Protects You From Abusive Collectors
The Fair Debt Collection Practices Act (FDCPA) applies nationwide. The law sets clear boundaries that collectors cannot cross. Violations can cost them money and give you legal recourse.
Debt collectors cannot:
- Call you before 8 a.m. or after 9 p.m.
- Contact you more than once daily
- Discuss your debt with family or friends
- Continue calling after receiving a cease and desist letter
- Threaten you with jail time
- Use profane or abusive language
- Refuse to identify themselves or verify the debt
Report FDCPA violations to the Federal Trade Commission at 877-382-4357. You can also file complaints with the Consumer Financial Protection Bureau online or at 855-411-2372.
Florida State Laws Add Extra Protection
Florida’s Consumer Collection Practices Act (FCCPA) goes beyond federal law. The state imposes additional restrictions that favor consumers. Violators face fines and potential lawsuits from affected debtors.
Under Fla. Stat. Ann. § 559.72, collectors cannot:
- Pretend to be police officers or government officials
- Send mail with embarrassing words visible on the envelope
- Contact you if they know you have an attorney
- Threaten you with debts that don’t exist
- Use fake legal documents that look like court summons
- Tell third parties about your debt
You can sue collectors who break these rules. Florida law allows you to recover damages under Fla. Stat. Ann. § 559.77. Report violations to Florida’s Office of Financial Regulation or the CFPB.
Example of FDCPA and FCCPA Violations
Julie received daily calls from a debt collector. Some calls came after 10 p.m., violating FDCPA rules. The out-of-state collector never registered with Florida, breaking FCCPA requirements. Julie reported both violations and sued the agency. The judge awarded her $1,000 in damages.
Florida Registration Requirements for Collectors
All debt collectors must register with Florida before attempting collections. Out-of-state agencies must register even if they never enter Florida physically. Registration proves legitimacy and accountability.
Some professions are exempt from registration. Attorneys, credit unions, banks, and retail merchants don’t need to register. But third-party collection agencies absolutely must comply.
Under Fla. Stat. Ann. § 559.565, unregistered collectors face fines up to $10,000. You can challenge any debt from an unregistered collector.
Public Records Access in Florida
Florida collectors can legally access public records during investigations. They can discover business interests, corporate positions, and partnership roles. Public records won’t show ownership percentages but reveal official positions.
Records show if you’re a corporate officer, LLC manager, or general partner. Collectors use this information to assess your assets and collection potential.
Florida Protects Your Property and Wages
Florida law shields your home from most creditors. You can protect your house and up to half an acre in incorporated areas. Rural residents can exempt 160 acres. Only mortgage holders and lienholders can bypass this protection.
Vehicle Protection
Collectors cannot seize vehicles worth less than $1,000. If your car gets seized, file an affidavit proving its value falls below the limit. The court must return vehicles that don’t meet the threshold.
Wage Garnishment Limits
Florida restricts how much collectors can take from your paycheck. Garnishment cannot exceed 25% of your net weekly wages. The limit also caps at 30 times the federal minimum hourly wage, whichever amount is lower.
Head-of-household protections may provide complete exemption from garnishment. If you provide more than half the support for a dependent, you might qualify.
How to Respond When Sued for Debt
Getting sued feels overwhelming. But you have options and defenses available. Your response determines whether you win or lose the case.
File an Answer with the court within 20 days of service. Your Answer disputes the collector’s claims and asserts your defenses. Include the statute of limitations if applicable. Challenge any debt you don’t recognize or can’t verify.
Our partner Solo helps Florida residents respond to debt lawsuits effectively. You can draft your Answer, get attorney review, and file with the court. The service walks you through every required step.
Settlement Options
Settling debt before trial often makes financial sense. You can negotiate a reduced amount and avoid court entirely. Many collectors accept 40-60% of the original balance.
Get everything in writing before making payments. Confirm the settlement amount, payment terms, and deletion from credit reports. Never send money without written confirmation.
What to Do When Collectors Call
Stay calm when collectors contact you. You control the conversation, not them. Know your rights and enforce them immediately.
Request debt validation in writing within 30 days. Collectors must prove you owe the debt. They must provide the original creditor’s name, amount owed, and verification documents.
Send a cease and desist letter if you want calls to stop. Collectors must honor your written request. They can only contact you once more to confirm compliance.
Document everything. Record call times, collector names, and conversation details. Save all letters and emails. Evidence proves violations if you need to take legal action.
Free Resources for Florida Debtors
Florida offers several resources for consumers facing debt collection. The Attorney General’s office handles consumer complaints and investigates bad actors. The Office of Financial Regulation oversees collector registration and compliance.
Legal aid organizations provide free consultation for qualifying residents. Community law centers offer guidance on debt defense strategies. Many counties have self-help centers at courthouses.
Consumer advocacy groups publish helpful guides and templates. You can find sample cease and desist letters, debt validation requests, and Answer templates online.