Debt Collection Laws in Florida

Edited by Hannah Locklear

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.

Sued for debt in Florida? Use SoloSettle to settle your debt for good.

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:

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 your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

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