Sued for debt in Florida: the courts and deadlines

It depends on how much the creditor claims. The court's name, the case number and the amount claimed are on your summons.

Read the summons for three things: the court, the case number and the date. That date is either your answer deadline or your first court appearance. Then reach out for help before it arrives; legal aid, The Florida Bar Lawyer Referral Service and your court's self-help center appear in the help section of this guide.

Responding is not the same as agreeing. The CFPB says (CFPB, opens in a new tab) that responding does not mean you agree you owe the debt.

Your summons sets a pretrial conference, which the clerk schedules within 50 days (The Florida Bar (Supreme Court of Florida rules), opens in a new tab) of the filing. Both sides must appear personally or through a lawyer, either in the courtroom or by communication technology the court allows.

Mediation may take place at that conference. Any agreement is written as a stipulation, which the court may enter as an order.

If you do not appear at the scheduled time, the rules entitle the creditor to a default, entered by the judge or the clerk. The court then takes evidence of the amount and enters a judgment.

The Florida courts' small claims page (Florida Courts, opens in a new tab) links an online interview that prepares an Answer to a Small Claims Statement of Claim, and a directory to find your clerk of court.

Outside small claims, the Florida Rules of Civil Procedure (The Florida Bar (Supreme Court of Florida rules), opens in a new tab) say a defendant must serve an answer within 20 days after being served, unless a statute sets a different time. If nothing is filed or served, the clerk must enter a default when the creditor asks for one.

What goes into an answer is a question for a lawyer. These are points a lawyer often checks in a Florida debt case.

The Florida Consumer Collection Practices Act says that in collecting consumer debts, "a person may not" (Florida Legislature, opens in a new tab) do a list of things. The words "a person" mean it reaches original creditors as well as collection agencies, which is broader than the federal law for third-party collectors.

A court can award actual damages plus up to $1,000 (Florida Legislature, opens in a new tab) in statutory damages, with court costs and attorney fees, and the suit must be filed within 2 years of the violation. You can also complain to the Office of Financial Regulation (Florida Office of Financial Regulation, opens in a new tab) or the CFPB (CFPB, opens in a new tab).

A Florida court judgment can be enforced for 20 years (Florida Legislature, opens in a new tab). It also carries interest at a rate the state's Chief Financial Officer sets; the rate is fixed (Florida Legislature, opens in a new tab) when the judgment is entered and adjusted each January 1 until it is paid.

To collect, the creditor may ask the court for a writ of garnishment against your wages or a bank account. For wages, Florida uses a continuing writ (Florida Legislature, opens in a new tab) that takes part of each paycheck until the judgment is paid or the court orders otherwise.

Florida protects a head of family: someone who provides more than half the support of a child or other dependent. Under Fla. Stat. 222.11 (Florida Legislature, opens in a new tab), all of a head of family's disposable earnings of $750 a week or less are exempt, and earnings above that can be garnished only with a written agreement.

For everyone else, the federal limit applies: the lesser of 25 percent of disposable earnings or the amount above 30 times the federal minimum wage (15 U.S.C. 1673 (Cornell LII, opens in a new tab)).

Yes. A creditor may still agree to a lump sum or a payment plan after filing, and in small claims, mediation may take place at the first conference. An agreement should be in writing and filed with the court, so the case ends on terms you can meet.

A debt settlement program does not stop a lawsuit that is already filed, and talks do not move your deadline1. If other debts are not in court, those are the ones a program can work on.