In short: If you are served with a debt lawsuit in Florida, act immediately. In county court you generally have 20 days to respond; in small claims you must appear at the pretrial conference. Ignoring it leads to a default judgment and garnishment. Common defenses include the statute of limitations, a debt buyer’s failure to prove ownership, and collection-law violations.
Most debt suits end in default judgments because the consumer never responds. A response, even a simple one, changes the case.
Read the Summons
- County civil court (claims up to $50,000): you generally have 20 days after service to serve a written response (Fla. R. Civ. P. 1.140).
- Small claims (up to $8,000): the summons sets a pretrial conference. You must appear, in person or as directed. Missing it can result in a default.
Calendar the date the day you are served.
Common Defenses
- Statute of limitations: generally five years for a written contract and four for obligations not founded on a written instrument (§ 95.11). Which applies to a credit card can be disputed.
- Standing: a debt buyer must prove it owns your specific account through the chain of assignments, not just a spreadsheet line.
- Amount: fees, interest, and charges must be authorized by the contract or by law.
- Registration: Florida requires consumer collection agencies to register (§ 559.553). Whether an unregistered debt buyer can sue is the subject of one of the arguments below.
Counterclaims
Collection conduct that violated the FDCPA or Florida’s Consumer Collection Practices Act (§ 559.72) can support a counterclaim for damages and attorney’s fees. Deceptive practices may also violate Florida’s Deceptive and Unfair Trade Practices Act (§ 501.204).
If You Owe It
- Negotiate: many plaintiffs settle for less than the full balance, especially before trial. Get any settlement in writing and a dismissal filed.
- Know your exemptions: Florida protects homestead, and head-of-family wages are largely exempt from garnishment (§ 222.11). Social Security is federally protected.
- Consider bankruptcy: Chapter 7 or Chapter 13 stops collection through the automatic stay. It is a serious step with long-term effects, but for some people it is the right exit from debt they can’t pay.
Don’t Ignore It
A default judgment can lead to bank garnishment, a lien on non-exempt property, and years of interest. A response costs little and preserves every defense.
Watch: the videos behind this article
I have been sued by a bank. What should I do now?
I was served with a lawsuit to collect on a debt. What should I do now?
How does the Deceptive Trade Practices Consumer Protection Act help consumers with debt?
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate arguments over debt collection suits, including a debt buyer that sued without registering, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Account Stated Debt Collection Choice of Law | Case No. 24-0640 | Florida Appellate
Debt Collector Suing Without Registration — Class Action Certification Denied | 24-0311 | FL DCA
Go Deeper
- Debt Collector Abuse – What You Need to Know When You Owe
- What Can I Do About Debt Collectors Harassing Me?
Frequently Asked Questions
How long do I have to respond to a debt lawsuit in Florida?
In county civil court, generally 20 days after service. In small claims, you must appear at the pretrial conference set in the summons.
What is the statute of limitations on debt in Florida?
Generally five years for written contracts and four years for obligations not founded on a written instrument under § 95.11.
Can a debt buyer sue me in Florida?
Yes, but it must prove it owns your account and the amount owed, and collection agencies must be registered under § 559.553.
Can my wages be garnished in Florida?
A head of family’s wages are largely exempt from garnishment under § 222.11. Others can have wages garnished after a judgment.
Talk to a Florida debt defense lawyer
Weidner Law, P.A. handles Florida consumer protection and civil litigation matters from St. Petersburg. To have your situation reviewed, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida rule and statute is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
