Florida debt relief and debt laws

Florida adds its own rules to the federal Fair Debt Collection Practices Act. The Florida Consumer Collection Practices Act says a person may not (Florida Legislature, opens in a new tab) use a list of unfair practices when collecting a consumer debt, which means it reaches original creditors, not only collection agencies.

If a collector breaks these rules, you can sue for your actual damages plus up to $1,000, and you must file within 2 years (Florida Legislature, opens in a new tab). Most consumer collection agencies must also register with the state (Florida Legislature, opens in a new tab).

Most debt cases are heard in county court, which handles claims up to $50,000 (Florida Legislature, opens in a new tab). Claims up to $8,000 (The Florida Bar (Supreme Court of Florida rules), opens in a new tab) can go through small claims, where the first court date is usually a pretrial conference rather than a written answer.

In a regular civil case, you must serve an answer within 20 days (The Florida Bar (Supreme Court of Florida rules), opens in a new tab) after you are served. If you miss it, the court can enter a default judgment against you.

Even after a judgment, Florida law protects a great deal. A head of family, meaning someone who provides more than half the support of a child or other dependent, keeps all take-home pay (Florida Legislature, opens in a new tab) of $750 a week or less. Above that, wages can be garnished only if the person agreed otherwise in writing.

The Florida Constitution protects a homestead (Florida Legislature, opens in a new tab) from most creditors: up to half an acre in a city or 160 acres outside one, with no dollar cap. It also protects $1,000 of personal property.

Federal rules apply first. The FTC's Telemarketing Sales Rule (FTC, opens in a new tab) bars a debt relief company from charging a fee before it settles a debt and you make a payment under that settlement.

Florida's debt management law sets fee limits for the companies it covers. Since 2024 it states that it does not apply to debt relief sellers covered by the federal rule that do not receive and disburse (Florida Legislature, opens in a new tab) their clients' money. Companies that sell by phone may also need a telemarketing license (Florida Legislature, opens in a new tab) from the state.

Where we stand in Florida is shown above and on our licensing and disclosures page. Whoever you talk to, ask for every fee in writing and check the company's registration yourself.

If you were laid off, apply for Reemployment Assistance (FloridaCommerce, opens in a new tab) with FloridaCommerce as soon as you can. Benefits are modest, so tell your creditors about the change in writing and ask about hardship programs before you miss payments.

The number of weeks depends on Florida's unemployment rate: 12 weeks at 5% or less (Florida Legislature, opens in a new tab), rising to as many as 23 when the rate is high.