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Florida Debt Settlement Laws Explained

Sarah Edwards | April 25, 2024

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Edwards 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: Florida debt settlement laws protect residents from unfair debt collection practices and extend consumer protections already in place at the national level. SoloSuit can help you understand these laws and streamline the debt settlement process.

If you’re a resident of the state of Florida, there are laws in place that protect you from debt collectors and guide the debt settlement process. Florida debt settlement laws supplement national laws and contain provisions that are not found in every U.S. state. Here’s what you need to know about debt settlement laws in the state of Florida.

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What are the implications of Florida debt settlement laws?

At the national level, consumers are already protected by the Fair Debt Collection Practices Act, or FDCPA. The FDCPA prohibits debt collectors from practices like calling outside of standard business hours, calling multiple times a day, or using aggressive or threatening language to convince you to pay a debt.

In the state of Florida, there are two additional laws that protect consumers. The Florida Consumer Collection Practices Act (FCCPA) is designed to supplement and extend the provisions of the FDCPA. The Florida Commercial Collection Practices Act addresses business and commercial debt collection within the state of Florida. Here are some of the implications of Florida debt settlement laws.

If you’ve been sued, use SoloSuit to file an Answer with the courts quickly.

Debt collectors may not engage in aggressive tactics

Florida law goes beyond the FDCPA in protecting consumers from aggressive debt collection practices. According to Fla. Stat. Ann. § 559.72, debt collectors are prohibited from:

  • Impersonating law enforcement.
  • Sending mail with words/phrases on the outside designed to embarrass you.
  • Continuing to contact you once they’re aware you’ve secured legal counsel.
  • Threatening you with illegitimate debt.
  • Using documents that resemble legal documents.
  • Contacting a third party regarding your debt.

If you believe that a debt collector has violated your rights, you may report them to either Florida’s Office of Financial Regulation or the Consumer Financial Protection Bureau (CFPB). Fla. Stat. Ann. § 559.77 states that you may receive damages if you take legal action against the collector.

Consumers are protected from debt collectors and creditors

Under the national FDCPA, consumers are only protected from third-party debt collection agencies. In other words, the FDCPA does not protect you if your original creditor engages in aggressive or deceptive collection practices.

In Florida, the FCCPA extends this protection to apply to creditors as well, which means that consumers have total protection against collection practices.

Debt collectors must be licensed

Not all states require debt collectors to be licensed, but Florida does. The FCCPA requires that all debt collectors be properly licensed. So if you’re contacted by a debt collector, you can ask that they reveal their licensing number.

If they’re unable to produce this information, it may be a sign that they’re not a legitimate collector or that they lack the credentials to operate in the state.

Debt collectors may access public records

In the state of Florida, debt collectors may use public records to investigate any potential business activities that may apply. This allows debt collectors to learn whether you have a role in a business, such as being a director/officer of a corporation, operating an LLC, or serving as part of a partnership.

Your property is protected by Florida law

Under the FCCPA, your property is safe from seizure from debt collectors. For example, if you live in an incorporated area, you can exempt your home and as much as one half-acre of land, preventing it from being seized to pay for your outstanding debt. Debt collectors may seize your automobile, but only if your car’s value exceeds $1,000.

Florida residents are protected from wage garnishment

While debt collectors can legally garnish your wages, they have limits. Collectors are not permitted to garnish you more than one-fourth (25%) of your net wages each week or more than 30 times your minimum hourly wage (whichever is lesser).

What is the statute of limitations for debt in Florida?

A statute of limitations means that debt collectors can’t take legal action against you for debts that are more than a few years old. In Florida, the statute of limitations is generally five years, depending on the type 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

Your statute of limitations starts on the date of the most recent payment. That’s why some debt collectors attempt to get you to make a “good faith payment” on your debt. Don’t give in, because this will start the statute of limitations all over again, leaving you on the hook for your debt.

Settle your debt in Florida

While these laws can protect you from aggressive debt collectors, you still need to take steps to address legitimate debt. In fact, your best option is to negotiate a lower settlement so that you can get out of debt once and for all.

Once you confirm that the debt is yours, you can use SoloSettle to quickly negotiate a lower debt settlement. The platform allows you to make an initial debt settlement offer and then negotiate with your debt collector/creditor until you find a mutual solution.

During the process, you’ll negotiate through SoloSettle and never have to interact directly with the collector.

Let’s look at an example of how the process works:

Example: Jennifer, a resident of Tallahassee, has been receiving phone calls from someone claiming to be a debt collector. Fortunately, a friend told her about SoloSuit. Jennifer was able to confirm that the debt was legitimate, after which she used SoloSettle to submit an initial debt settlement offer of 60% of the original amount. Her debt collector declined this offer but submitted a counteroffer of 65% of the debt, which Jennifer graciously accepted. Now, Jennifer has been able to resolve her debt and move on with her life.


Use SoloSettle today to settle your debt.

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Get the justice you need

Life in the Sunshine State can be brighter when you understand Florida debt settlement laws. These laws provide protection against aggressive debt collectors and can ensure that you receive justice throughout the debt settlement process.

Are you being sued for debt in Florida? Check out our guide on or watch the following video to learn more.

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