How to Answer a Summons for Debt Collection in Florida (2024 Guide)
George Simons | August 13, 2024
Co-Founder of SoloSuit George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
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: You have 20 days to respond to a debt lawsuit in Florida before you run the risk of losing by default judgment. To respond, you should draft and file an Answer to the Summons and Complaint. In your Answer document, it's best to respond to each claim against you and assert your affirmative defenses. SoloSuit can help you draft and file an Answer to your Florida lawsuit in minutes.
“I heart debt lawsuits!” — said no one ever.
Getting sued for a debt is terrible. This article will make the process of responding to a debt lawsuit a little bit easier and tell you how to answer a summons for debt collection in Florida.
Below, you'll find helpful topics on how to answer a summons for debt collection in the Sunshine State. This list includes information specific to filing in Florida, like state deadlines and forms.
You have 20 days to respond to a debt lawsuit in Florida
In Florida, the deadline to respond to a debt Summons and Complaint is just 20 days. That's 20 days starting from the day after you are served, including Saturdays and Sundays.
For example, Jenny is being sued in Florida for a credit card debt. She is served the court Summons and Complaint on March 11th, a Friday. That means she has until March 31st, a Thursday, to submit her written response. Jenny files her Answer with the court on March 31, the last day within the deadline, and it is accepted.
Keep in mind that many courts are generous regarding deadlines, specifically when the defendant (or the person being sued) is not represented by an attorney. So, if you are responding pro se (without a lawyer), the court might give you a little extra leeway to respond.
Use this sample Answer to respond to the Complaint in Florida
If you aren't sure how to write an Answer, SoloSuit can help. SoloSuit's Answer form makes it easy to draft and file a response to your Florida debt lawsuit. You can fill out the form in a matter of minutes by answering a few simple questions on SoloSuit's site. SoloSuit's Answer is created by professional attorneys and has protected consumers from losing over $100 million in predatory debt lawsuits.
Florida also has many resources for defendants who are representing themselves in a credit card debt lawsuit. Most courts even have forms you can fill out to respond to the suit.
If you've been sued for debt, especially credit card debt, you should respond to the court Summons and Complaint immediately. You might think you need to hire an attorney to do so, but you can actually represent yourself and save lots of money and time.
You don't need an attorney to help you draft and file your written Answer. In fact, with resources like SoloSuit, you can draft an Answer in less than 10 minutes. SoloSuit can also file the Answer in the court on your behalf, and for a small fee, have an attorney review your court documents before sending them off.
Finding an attorney can be extremely time-consuming and challenging, and it might end up costing more than the debt you owe. Save yourself the stress and money by representing yourself with SoloSuit's help.
Steps to respond to a debt collection case in Florida
All lawsuits formally start the same way: you get two documents in the mail or via personal delivery. These documents are called the Summons and Complaint. In Florida, you have only 20 days to respond by filing an Answer. You can respond with either an Answer document or a Motion; usually, you'll want to respond with an Answer document.
If you don't respond within the 20 day period, you will automatically lose your case by default judgment.
There are three steps to respond to the Summons and Complaint.
Answer each issue listed in the Complaint
Assert affirmative defenses
File one copy of the Answer document with the court and serve the plaintiff with another copy.
Let's take a look at each step.
1. Answer each issue of the Complaint.
Many people are intimidated by making an Answer document. And that's ok. These instructions keep it simple. Just read the Complaint and then decide how you want to respond to each numbered paragraph. Avoid giving long Answers that over-explain your side of the story. You should respond in one of three ways:
Admit: Like saying, This is true.
Deny: Like saying, Prove it.
Deny due to lack of knowledge: Like saying, I don't know.
Most attorneys recommend making a general denial, where you deny everything in the complaint and force the other side to prove everything. Just choose one of these answers and write it into your Answer. If you choose “disagree” you can explain why you disagree.
2. Assert affirmative defenses.
To assert affirmative defenses, you simply state reasons why the person suing you has no case. This is where you get to give your side of the story. Some of the most common affirmative defenses we see are:
The account with the debt is not your account
The contract was already canceled. Therefore you don't owe the creditor anything.
The statute of limitations has expired. A statute of limitations is a law that sets a deadline on an action. In this case, the statute of limitations sets the deadline at 6 years, so you can't be sued for a debt based on a contract from six years ago.
The debt has been paid or excused.
The debt has been partially paid.
You were a co-signer but were not informed of your rights as a co-signer.
These are a few of the many affirmative defenses, but you should list them in legal jargon. SoloSuit makes it easy to do this. Keep in mind, being unable to pay the debt is not normally a legal defense to the debt.
3. File the answer with the court and serve the plaintiff.
Filing the Answer can be tricky. Courts have specific requirments for filing (i.e. original signature, certificate of service, etc.), and are notorious for rejecting Answers if they're not met. Here are some helpful hints for filing:
Print two copies of your Answer
Mail the original to the court
Mail the other copy to the plaintiff's attorney.
The address for both should be in the Summons and Complaint you received in the mail. The attorney's address should be on the top left of the first page. The court's address should be in the first two paragraphs.
Sometimes the court will schedule a hearing after you respond to the lawsuit. Frequently, cases get dismissed just by filing an Answer, but sometimes a hearing is necessary. If you don't show up for the hearing, you'll lose the case.
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You should investigate before you pay a collection agency
It is a common practice for debt collection agencies to purchase debts from credit card companies. If a debt collection agency has contacted you about a debt you owe, you should do some investigating before sending them any money.
Before making any payments to a collection agency, you should check the statute of limitations on the debt. The staute of limitations is the time period in which a creditor or collection agency can file a lawsuit to recover the debt, and it varies depending on which state you live in.
If you make a payment on a debt that is past the statute of limitations, the clock is restarted, and the collection agency will have the legal right to take you to court of the debt again. For this reason, you should make sure your debt is valid before making any sort of payments on it.
The Florida statute of limitations on debt can protect you
The statute of limitations on mosts debt, including credit card debt, is five years in Florida. This means that creditors and debt collectors only have five years to sue you over a debt, typically starting from the time you made your last payment on an account.
Note that they can still contact you in an attempt to recover the debt, and they may even sue you. It's up to you use the expired statute of limitations as an affirmative defense in your case. In other words, the judge and jury are not going to research the history of your debt for you. If the debt is past the statute of limitations, it's yyour responsibility to bring it up in court.
Also, keep in mind that processing any payment for a time-barred debt will restart the debt's Statute of Limitations. It is therefore critical to check your debt's Statute of Limitations before initiating any repayment programs.
The table below further outlines the statute of limitations on different types of debt in Florida:
As you can see from the table above, the statute of limitations on a judgment in Florida is 20 years. That’s technically true, but how long does a judgment last in Florida? The laws around judgments are more nuanced than that.
In some cases, your creditor can get what’s called a “judgment lien” on your property (like your house or your car). A judgment works like a secured loan — as long as you stay current on your payment obligations to the creditor, you get to keep your house or car. But if you fall behind, the creditor can take your house or car and sell it to pay off the debt.
A judgment lien is valid for 10 years. However, your creditor has the option to renew the lien for an additional 10 years if the debt remains unpaid. Similarly, a judgment is enforceable for 20 years, but the creditor may renew it multiple times.
Fortunately for consumers, judgments do not renew automatically. Once the 20 years is up, the creditor must file with the court to get a new 20-year judgment. As long as the court still supports the creditor’s right to collect, it will restart the 20-year statute of limitations on the judgment.
Florida debt collection laws help consumers like you
The statute of limitations on debt isn't the only debt collection law that protects consumers from unfair treatment in Florida.
You may already know that the Federal Debt Collection Practices Act (FDCPA) protects your rights as a consumer. Florida debt collection laws extend beyond the protections given by the FDCPA. Florida law puts these additional constraints on debt collectors:
They should not impersonate law enforcement professionals.
They should not send documents in the mail with embarrassing words on the outside.
They should not threaten you with illegitimate debt.
They should not use documents designed to look like legal documents (like a fake lawsuit Summons).
They should not contact other people (except your attorney) about your debt.
They should not continue to communicate with you about a debt if they know you have an attorney.
It’s also important to understand the statutes of limitations on debts in Florida. In Florida, the statute of limitations on debt is five years. This means that a creditor or collector only has five years to file a lawsuit against you for a debt. The countdown starts from the last transaction you make on an account.
Often, if a debt collector sees that you’re nearing the statute of limitations on an account, they will try to give themselves more time to sue you by convincing you to make a “good faith” payment. That restarts the clock on the statute of limitations, meaning the collector can now come after you for the debt for another five years.
Before you let a creditor convince you to make a payment on an account that you haven’t paid for quite some time, make sure you find out the last payment you made and check it against the statute of limitations.
However, there is an exception to that five-year statute of limitations. If you have a judgment against you, the creditor can continue to garnish your wages or otherwise pursue you for the debt for 20 years.
Florida debt settlement laws
Settling your debt can be a great way to wipe the slate clean and move toward a better financial future. However, different states have slightly different debt settlement laws when it comes to settling debt. Florida is bound by the FDCPA, but it also has a state law, the Florida Consumer Collection Practices Act (FCCPA), that gives you additional protections.
Before you try to settle a debt, you should make sure the debt collector is licensed to operate in Florida. Some states don’t require collectors to be registered, but Florida does.
If a collector comes after you and you live in Florida, the first thing you should do is ask for their licensing number. If they don’t have one, there’s a good chance they have no legal authority to collect on the debt.
You also should know that while the FDCPA prohibits debt collectors from using unfair, intimidating, or deceptive tactics to try to collect a debt, the FCCPA also prohibits original creditors from using these tactics.
If a collector or original creditor violates your rights, you should report them to the Consumer Financial Protection Bureau (CFPB) or the Florida Office of Financial Regulations. In some cases, you might actually be able to take legal action against the collector and recover damages, so report any suspected FCCPA or FDCPA violations before you make a settlement offer!
Does the Fair Credit Reporting Act work in Florida?
The Fair Credit Reporting Act (FCRA) is a federal law, meaning it applies in every state. The FCRA was passed in 1970 to regulate the way your credit information is collected, stored, and used. It’s a lengthy document, but here are some of the most important protections it gives you:
The right to have negative information removed (negative marks come off in seven years and bankruptcy in 10)
The right to receive a free annual copy of your report
The right to have inaccurate information removed
The right to ask for collection agencies to validate debts they say you owe
The right to seek damages if an entity violates the FCRA
The right to be informed if your credit report is used against you
So, yes, the Fair Credit Reporting Act works in Florida, and fortunately, Florida also has additional protections for consumers. These are some of the additional credit protections you have if you’re a Florida resident:
If an insurance company uses your credit report in a decision, you must be informed.
If your report adversely impacted your application, the insurer must tell you how.
No entity can request your report solely because of your income, national origin, gender, age, marital status, religion, race, or color.
An employer must have your written consent to check your credit.
You can’t be fired or denied employment only because of your credit.
If negative items on your report influence an employer’s decision, you must be given a chance to explain them.
The FCRA restricts who can access your credit report. However, Florida adds an extra layer of protection: you can put a “security freeze” on your credit file. If you do this, only you can access the information in it, and if any person or company wants to view it, they must get your consent first.
If the creditor sells your debt, you may not be obligated to pay
Under the Federal Debt Collection Practices Act (FDPCA), debt collection agencies must validate a debt in writing within 5 days of contacting you about it. If they never validate the debt, you should send them a Debt Validation Letter before sending them any money. Many collection agencies give up after receiving such a letter, because it would cost them more time and resources to verify the debt.
If the collection agency cannot validate the debt, they must cease contact with you. In this case, you are not obligated to pay anything. Check out the following guide if you have ever asked yourself, "Should you never pay a debt collection agency?" for more information on paying off your debt to a collections agency.
What if I haven't been sued yet?
If you've only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it's by phone or mail, you can respond with a Debt Validaiton Letter. This letter notifies the collector that you dispute the debt and requires they provide proof you owe the debt. They can't call you or continue collecting until they provide validation of the debt.
Learn more about the Debt Validation Letter here or by watching this video:
This flowchart shows how you can use a Debt Validation Letter to win.
Make a Motion to Compel Arbitration in Florida
If you’ve been sued by a debt collector but don’t want to go to court, the good news is that you have other options. One of these options is to make a Motion to Compel Arbitration in Florida. This is essentially a request to settle the debt via arbitration instead of through a lawsuit.
Many people have misconceptions about arbitration — more specifically, they confuse it with mediation. Arbitration is a process where you and the creditor work out an agreement out of court.
The meeting includes an arbitrator, who listens to both sides and then issues a legally binding ruling. Mediation is somewhat similar, but unlike an arbitrator, a mediator may not issue a legally binding ruling.
Not all kinds of debt can be resolved via arbitration. You must have a pre-existing contract with the creditor that includes a provision for arbitration. If arbitration is allowed by your contract and you think it’s a better way to resolve your debt, your next step should be to file a Motion to Compel Arbitration. The process starts with a petition that must include the following:
The actual text of the arbitration clause of your contract
A request for the other party to be compelled to follow that clause
The identities of the parties in the lawsuit (you and the creditor)
A Notice of Hearing
The court that has jurisdiction over the lawsuit
Your signature
Filing a Motion to Compel Arbitration can be challenging, especially if you don’t have legal experience. Filing with SoloSuit keeps it simple.
If your original debt agreement doesn’t have an arbitration clause (or if you’d just rather not go through arbitration), you have another option for resolving your debt: settlement. This is where you offer to pay an amount less than the total debt owed. If the creditor accepts, you pay them, and they stop all collection efforts (including any lawsuits).
You don’t have to wait for a creditor to sue you to settle a debt in Florida. However, if a creditor does sue you, you’ll lose your chance to settle if you don’t act fast! In Florida, once you’ve been served a Complaint and a Summons (the two documents you receive when you’re being sued), you have 20 days to respond with an Answer letter.
If you don’t respond, the court will likely enter a default judgment against you. This is something you want to avoid. When you have a judgment against you, your creditor is then given more legal tools to collect the debt.
Because the court has ordered you to pay it, the debt can be taken from your bank account or garnished from your wages. In some cases, the collector might even be able to seize your property and sell it to pay off what you owe.
When you get sued for a debt, the first thing you should do is file an Answer. This continues the lawsuit, keeping your options open. After you file your Answer, you can then open settlement negotiations by sending an offer to the creditor.
Regardless of when you settle your debt, there are a couple of things to keep in mind to protect yourself. One is to get the settlement agreement in writing before you send any money to the creditor.
The other is to make sure the agreement states that the creditor will not pursue further collection actions against you — that as soon as you pay the agreed-upon settlement amount, your obligation to the creditor ends.
For more help on negotiating with debt collectors and creditors, watch the following interview with an attorney who has years of experience negotiating debt settlement.
Unfortunately, many people panic when they’re hounded by debt collectors. If you’re in this situation, you might be tempted to ignore debt lawsuits. However, this can lead to having a judgment against you. A court judgment authorizes a creditor to garnish your wages. They can’t take all of your paycheck, but a certain amount can be deducted and paid toward your debt.
For many people, wage garnishment adds a huge amount of stress to an already stressful financial situation. Florida offers more protections from wage garnishment than some states do. These are some of the kinds of income that might be exempt from garnishment in Florida:
Social Security benefits
Supplemental Security Income benefits
Unemployment compensation
Public assistance/welfare
Veterans’ benefits
Retirement benefits or pension money
Annuity proceeds
Workers’ compensation benefits
Life insurance benefits
If you have any of the income types listed above and that income is being garnished, it’s worth filing a claim of exemption form.
File a civil Answer with the Duval Clerk of Courts in Florida
When you get sued for a debt, you will receive two documents: a Summons and a Complaint. The Complaint outlines all the reasons for the lawsuit, and the Summons is the document that says you’re being sued.
If you’ve been sued in Duval County, you must file an Answer with the Duval Clerk of Court. Your Answer is a document where you respond to the lawsuit. You should file it as soon as possible. In Florida, you have 20 days to respond to a debt collection suit after you’ve received the Summons.
In your Answer letter, you must respond to the allegations made in the complaint. You don’t have to provide reasons why, but you must confirm or deny each one. In Florida, you have the option to raise affirmative defenses in your Answer. These are reasons you should win the case. Here are some examples:
The debt is a result of identity theft.
The statute of limitations for the debt has passed.
The lawsuit wasn’t filed where the contract was signed or where you live.
You’re being sued for the wrong amount of money.
You already paid the debt.
The debt isn’t yours.
The debt was already discharged in bankruptcy.
When possible, you should send documentation in support of your affirmative defenses.
In the form’s caption, include the plaintiff’s name and your name.
Below that, add the case number, division, and name of the court.
Then, make numbered paragraphs corresponding to the allegations in the complaint.
Answer each claim (an example is “Defendant denies the allegation”).
Then, include your affirmative defenses.
At the bottom, under “certificate of service,” state how you’ll send a copy to the plaintiff.
Then, you send a copy of the Answer to the plaintiff, keep a copy for yourself, and file the original with the Clerk of Courts. Filing your Answer with the Duval Clerk of Courts is simple with SoloSuit. We’ll help you format the document and make sure it gets where it needs to go.
Find debt relief in Florida
Overcoming debt can be a challenge, especially in an economy where wages are stagnating and living expenses seem to be going up every day. It’s easy to feel like debt is insurmountable, but there are more solutions for debt relief in Florida than you might realize.
Make a debt repayment plan: If you have multiple different debts, one of the most commonly recommended ways to pay it off is the “snowball” method. You start by paying off your smallest debts, and you can then allocate the minimum payments you were making on the smaller debts to the larger debts. When you have a repayment plan, it makes it easier to track your progress and celebrate milestones along the way.
Take out a debt consolidation loan: These loans can take a lot of the guesswork out of repaying debt. If you have at least a decent credit score, you may qualify for a debt consolidation loan. These loans let you combine multiple debts into a single monthly payment, usually with a lower interest rate. Of course, if you’re approved, always make sure your loan has a lower interest rate than your debt. Otherwise, it defeats the purpose!
Settle your debt: Depending on your creditors and the kind of debt you owe, settling might not always be possible. However, in many cases, it’s worth trying to settle your debt. This is where you offer to give your creditor a one-time payment that’s less than the total amount you owe. You save money, and in many cases, the creditor does, too. Trying to collect a debt can be costly, especially when a creditor resorts to filing lawsuits.
Filing for bankruptcy: This isn’t an option for everyone, but if you think there’s no hope of being able to repay your debts, bankruptcy may be an option. If you have little income and few assets, you might qualify for Chapter 7 bankruptcy, which eliminates most debts. If you have greater income or more assets, Chapter 13 bankruptcy may be more appropriate. This type eliminates some debt but not all.
Make sure you stay away from programs that advertise “no-cost debt relief.” These programs are scams designed to prey on people in your situation.
Apply for unemployment benefits in Florida
Losing your job can put you under serious financial stress, especially if you don’t have significant assets, are in debt, or are trying to support a family. If you have lost your job or been partially laid off, unemployment benefits may be able to help.
In Florida, unemployment benefits are called the Florida Reemployment Assistance (Insurance) Program. If you qualify, you can receive assistance for up to 12 weeks. Not everyone is eligible. If you want to apply, you must meet the following requirements:
Be able to work.
Have worked in Florida for at least the past 12 months.
Earn a certain minimum wage during the last 12 months (the “base period”).
Be currently unemployed, either partially or fully.
Be actively looking for work while receiving benefits.
You also will need to supply documentation of your employment for the past 18 months. The documentation will usually need to include the reason for the job loss, your employer’s name, how much you earned, the dates you worked for each employer, and each employer’s Federal Employer ID Number (FEIN) or the employer details from your pay stub.
Check the status of your court case in Florida
Debt collection lawsuits come with their fair share of stressors. One of those stressors is keeping up with your case’s progress. Court cases almost always involve multiple filings, court appearances, and other important dates.
You can represent yourself in a debt collection lawsuit in Florida, but doing that successfully means keeping up with the status of your case. And to make sure you can check the status of your Florida court case, you need to know your court case’s number.
If you’ve lost track of your case number, there’s no need to worry — there are multiple ways to recover it. The easiest way is to visit the online portal for the Florida court system. You can then run a search for your attorney’s name, the name of the plaintiff (or their attorney), the date the case was first filed, or the specific court it was filed in.
If that doesn’t work, visit the Florida court directory to find your court’s location. From there, you can find the contact information for the court in your jurisdiction. You can call the clerk or visit the court in person to get your case number. Once you have it, you should be able to track your case’s progress online.
If you prefer, you can also request your court records by mail or visit the court in person to ask the clerk to make copies.
File an Answer in your local Florida court
Remember, you have 20 days to respond to Florida summons for debt collection. Find your local court below to get started with the process of filing your Answer.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
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.
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.
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.
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 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.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
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 all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.
And 50% of our customers' cases have been dismissed in the past.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather