| Florida at a glance | |
|---|---|
| Time limit to sue on card debt | Generally 5 years when the creditor can produce the written card agreement, or 4 years if the debt is treated as an open account. |
| Deadline to answer a debt lawsuit | 20 days in county and circuit court. In small claims court you generally don't file a written answer, but you must attend the pretrial conference. |
| Wage garnishment | If you're the "head of family" (you provide more than half the support for a child or other dependent), disposable earnings up to $750 a week are fully exempt, and earnings above that are exempt unless you agreed otherwise in writing. |
| Where to complain | Florida Attorney General consumer complaint |
How long creditors have to sue
Generally 5 years when the creditor can produce the written card agreement, or 4 years if the debt is treated as an open account. A 2024 law set a 3-year limit for many hospital and surgery center bills. Paying on an old debt can affect the clock, so get advice first. (Fla. Stat. § 95.11)
The time limit for suing is separate from credit reporting: most negative items can stay on your credit report for up to 7 years from when you first fell behind, regardless of state.
If you're sued in Florida
Answer deadline: 20 days in county and circuit court. In small claims court you generally don't file a written answer, but you must attend the pretrial conference. Check your own summons for the exact date, because missing it usually means a default judgment.
Step-by-step help and common defenses are in our lawsuit and garnishment guide.
What's protected if there's a judgment
Your paycheck
If you're the "head of family" (you provide more than half the support for a child or other dependent), disposable earnings up to $750 a week are fully exempt, and earnings above that are exempt unless you agreed otherwise in writing. (Fla. Stat. § 222.11)
Your bank account
There's no automatic dollar amount. A head of family's exempt wages stay protected for six months after deposit if they can be traced, and you can claim personal property exemptions. (Fla. Stat. §§ 222.11, 222.25)
Everywhere in the US, Social Security, SSI and VA benefits are generally off-limits to private creditors, and banks must automatically protect two months of those benefits when they're direct-deposited.
Debt collectors in Florida
The Florida Consumer Collection Practices Act applies to anyone collecting a consumer debt, including original creditors. Consumer collection agencies must register with the Office of Financial Regulation. Federal rules still apply on top of state law. See your rights and free dispute letters.
Debt settlement and debt relief companies
Florida law caps fees for debt management services, including a $50 setup fee and monthly fees of the lesser of 15% of your payment or $75. Under federal law, debt relief companies that sell by phone can't charge fees until they've settled at least one of your debts. Read how settlement works.
Medical debt
A 2024 law requires hospitals and surgery centers to screen for financial assistance and send an itemized bill before taking steps like credit reporting or lawsuits. More in our medical bills guide.
Where to complain or check a company
- Florida Attorney General consumer complaint
- Florida Office of Financial Regulation
- CFPB complaint portal (federal)
Sources
Laws and dollar amounts change, and court rules vary by county. This page is general information, not legal advice. For your situation, contact a legal aid office or a Florida consumer attorney.