If you’ve been served with a credit card debt lawsuit in Florida, the worst thing you can do is ignore it. Whether the plaintiff is the original credit card company or a third-party debt buyer, you have legal rights and real options, but only if you act quickly.
Here’s what you need to know.
Under Florida law, once you are served with a summons and complaint, you have just 20 calendar days to file a written response with the court. If you miss this deadline, the creditor can request a default judgment. This is a court order that says you owe the full amount without your side ever being heard.
A default judgment opens the door to wage garnishment, frozen bank accounts, and liens on your property. Filing a timely answer is the single most important step you can take.
Just because you’ve been sued doesn’t mean the creditor will win. Florida law recognizes several defenses that can reduce or eliminate what you owe. One of the most powerful is the statute of limitations. Under Florida Statute § 95.11, creditors generally have five years from your last payment to file a lawsuit on credit card debt classified as a written contract. If the debt is older than that, you can raise the expired statute of limitations as an affirmative defense, but it’s your responsibility to do so, because the court won’t check for you.
Other common defenses include challenging whether the plaintiff actually owns the debt (debt buyers often lack original documentation), disputing the amount owed, raising identity theft or mistaken identity, and arguing that the creditor failed to properly serve you. Many debt buyer lawsuits are filed with minimal evidence, and an experienced debt defense attorney can expose these weaknesses.
If the creditor wins a judgment, they gain the legal tools to collect. In Florida, that means they can garnish up to 25% of your net wages or the amount exceeding 30 times the federal minimum hourly wage, whichever is less. They can also freeze your bank accounts and place liens on non-homestead property. Judgments in Florida last 20 years and can be renewed, so the consequences are long-lasting. However, Florida’s head-of-household exemption and homestead protections can shield certain income and assets from collection—another reason to consult with an attorney before it reaches this point.
Not every case needs to go to trial. In many situations, negotiating a settlement—either a reduced lump sum or a structured payment plan—is the most practical path forward. Creditors often prefer a guaranteed payment over the time and expense of litigation, and an attorney can negotiate from a position of strength by identifying weaknesses in the creditor’s case. If your overall debt situation is overwhelming, bankruptcy may also be worth exploring. Chapter 7 can discharge most unsecured credit card debt entirely, while Chapter 13 allows you to reorganize it into a manageable repayment plan.
This is general information, not legal advice. Every case is unique; consult your Florida debt attorney.
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