Debt Collection Laws in Florida

Sarah Edwards | August 02, 2023

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Harris is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Most Florida debts have a statute of limitations of five years. Furthermore, consumers are protected from aggressive collection practices by the FDCPA and Florida state laws. If you’ve been sued for debt in Florida, SoloSuit can help you respond to the case, stand up for your rights, and settle your debt before going to court.

They may call it the Sunshine State, but repeated calls from a debt collector can darken your spirits. If you’re a resident of Florida, you have rights that protect you from aggressive or persistent debt collection agencies.

This guide will help you understand Florida's debt collection laws and explain how to respond to unwanted phone calls.

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Florida statute of limitations on debt

The statute of limitations on debt is the maximum length of time that a creditor or debt collector can take legal action to collect a debt. Once the statute of limitations period has expired, the creditor or debt collector can no longer sue for payment. It is important to note that the statute of limitations varies depending on the type of debt and the jurisdiction (state or country) in which the debt was incurred.

Florida’s statute of limitations on debt is five years. This means that Florida creditors and debt collectors only have five years to sue you for a debt, starting from the date of your last action on an account.

The table below further outlines the Florida statutes of limitations on different types of debt:

Statute of Limitations on Debt in Florida
Debt Type Deadline
Credit Card 5 years
Medical 5 years
Auto Loan 5 years
Student Loan 5 years
Mortgage 5 years
Personal Loan 5 years
Judgment 20 years
Source: Fla. Stat. § 95.11

Making a good-faith payment on your debt can reset the clock on the statute of limitations For example, suppose that you make a payment on a debt that you’ve owed for four years. Unfortunately, this means that the debt collector can now pursue the debt for an additional five years. As such, debt collectors often try to persuade you to make a small payment as a show of good faith.

This deadline is important if you’re facing a lawsuit. You should check the last time you made a payment on a debt before you agree to making any further payments on a delinquent account.

Use the statute of limitations as a defense in your Florida debt lawsuit.

Federal law protects Florida consumers from unfair debt collectors

Every state in the U.S. is governed by the Federal Debt Collection Practices Act (FDCPA). This act protects consumers from aggressive collection practices or repeated harassment.

Specifically, debt collectors are prohibited from:

  • Contacting you before 8 a.m. or past 9 p.m.
  • Contacting you more than once per day.
  • Contacting your family or friends regarding your debt.
  • Contacting you despite receiving a Cease and Desist Letter.
  • Threatening you with prison if you fail to repay the debt.
  • Using offensive or vulgar language.
  • Declining to identify themselves or validate your debt.

If you believe the debt collector has violated the terms of the FDCPA, you can report it to the Federal Trade Commission (FTC) using the FTC website or by calling 877-382-4357.

You can also report violations to the Consumer Financial Protection Bureau through the website or by calling 855-411-2372.

Florida state laws also protect you from unfair debt collection

In addition to the FDCPA’s restrictions and requirements, Florida debt collectors are subject to a few other specific prohibitions laid out in Fla. Stat. Ann. § 559.72.

Debt collectors may not:

  • Impersonate law enforcement.
  • Mail you documents with embarrassing words or phrases on the outside.
  • Communicate with you if they know you have an attorney.
  • Threaten you with illegitimate debt.
  • Use documents designed to resemble legal documents (e.g., a “summons”).
  • Contact a third party regarding your debt.

You can report violators to either Florida’s Office of Financial Regulation or the Consumer Financial Protection Bureau (CFPB). And according to Fla. Stat. Ann. § 559.77, you may be awarded damages if you pursue a lawsuit against the collector.

In addition to federal law, Florida residents are protected under the Florida Consumer Collection Practices Act (FCCPA), which establishes additional regulations for debt collectors.

Because the FCCPA and FDCPA lay out specific guidelines and restrictions for debt collectors, it’s important to put them into practice when facing unfair debt collection practices.

Let’s look at an example to learn how to respond to a debt collector who violates the FDCPA in Florida:

Example: Julie’s phone has been ringing every day. Sometimes, she’ll even get calls late at night, often after 10:00 p.m. After a little research, Julie learns that this is a clear violation of the standards set by the FDCPA. What’s more, Julie discovers that the collector is from outside the state of Florida but failed to register with the state before attempting to collect her debt — a clear violation of the FCCPA. Julie now has recourse to report these violations to Florida’s Office of Financial Regulation and the CFPB. She pursues a lawsuit against the collection agency, and the judge awards her $1,000 in damages.


Below, we break down some other Florida debt collection laws.

Florida debt collectors must be registered

All debt collectors that attempt to gather debt in the state of Florida must first be registered with Florida — even if they’re located in another state.

It’s important to note, however, that certain professions are exempt from this requirement. This includes attorneys, credit unions, financial institutions, and retailers or merchants.

Under Fla. Stat. Ann. § 559.565, failing to register can result in a fine of up to $10,000.

Collectors may access Florida public records

Be advised that Florida debt collectors may legally access public records to learn more about a debtor’s business interests. These records won’t disclose whether an individual has an ownership interest in any particular entity, but they may reveal that he or she is an officer/director of a corporation, the manager of an LLC, or a general partner in a partnership.

Florida collection laws protect your property

The FCCPA also contains provisions that protect your home, vehicle, and wages — even when you face legitimate debt.

Florida residents who live in an incorporated area can exempt their home and up to one half-acre of property from being sold to cover the debt (or 160 acres for those in an unincorporated area). The only exception is for creditors who hold a mortgage or other lien against the property.

Debt collectors can only seize your car if its value exceeds $1,000. Florida residents can file an affidavit with the court if (1) their car has been seized and (2) the car is worth less than the $1,000 limit.

Florida protects its residents from wage garnishment. Debt collectors cannot garnish more than 25% of your net weekly wages. Nor can they garnish more than 30 times the minimum hourly wage — whichever is lesser.

Learn more about how SoloSuit can help you respond to debt collection lawsuits.

How SoloSuit can help

SoloSuit is your best friend when it comes to addressing past debt. We can help you settle your debts quickly and easily — potentially saving you thousands. And if you’re facing a lawsuit, SoloSuit can help you draft an Answer and send it to the court. We can even have an attorney review the document for total peace of mind.

In your Answer, you’ll be able to stand up for your rights and increase your chances of winning your case substantially. Once you’ve responded to the lawsuit, you might want to consider settling the debt in order to resolve the obligation once and for all.

To learn more about debt settlement, check out our guide on How to Settle a Debt in Florida or watch the following video:

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

Other debt resources


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