and and Florida’s debt collection landscape is unique. Between retirees on fixed incomes, tourists facing unexpected medical bills, and residents rebuilding after hurricanes, collectors see the Sunshine State as prime territory. They know this. They exploit it. But Florida law—both state and federal—provides powerful shields against their worst tactics.
The Florida Consumer Collection Practices Act Changes Everything
Most states rely solely on federal protection. Florida went further. The Florida Consumer Collection Practices Act (FCCPA) covers not just third-party collectors but also original creditors trying to collect their own debts. That credit card company, that hospital, that auto lender—they all must follow Florida’s rules when collecting from you.
This matters. The federal FDCPA only regulates third-party collectors. Original creditors could often do what they wanted. Not in Florida. Here, everyone plays by the same rules.
The FCCPA prohibits harassment, oppression, and abuse. It bans false or misleading representations. It stops unfair practices. Break these rules? Collectors face actual damages, statutory damages up to $1,000, and they have to pay your attorney fees. According to Federal Trade Commission analysis, Florida receives thousands of debt collection complaints annually, making strong state protections crucial.
Whether you’re in Jacksonville, Miami, Tampa, Orlando, or St. Petersburg, these protections follow you.
What Collectors Cannot Do to You?
Let’s be specific about what crosses the line. Collectors cannot call you before 8 AM or after 9 PM.
- They cannot contact you at work if they know your employer prohibits it.
- Debt collectors cannot call your family, neighbors, or coworkers to discuss your debt, only to locate you.
- They cannot threaten violence.
- Cannot use obscene language. Cannot make your phone ring continuously to harass you.
- They cannot claim to be law enforcement.
- Cannot say you’ll be arrested. Consumer debt isn’t criminal. Period.
They cannot lie about the amount you owe. Cannot threaten legal action they don’t intend to take. Debt collectors cannot claim your wages will be garnished before getting a court judgment. Cannot say they’ll seize your property without a proper legal process.
In Fort Lauderdale, Hialeah, Port St. Lucie, and Tallahassee, we’ve seen collectors violate every one of these rules. Companies like Performant Financial Corp and Allied Interstate must follow Florida’s strict standards. When they don’t, they pay.
Your Nuclear Option: Debt Validation
This right alone stops countless illegitimate collection attempts. Within five days of first contacting you, collectors must send a written notice. This notice must state how much they claim you owe, who the original creditor is, and that you have 30 days to dispute.
Here’s where it gets powerful: dispute in writing within those 30 days, and everything stops. No calls. No letters. Not until they prove you owe it.
Send your dispute certified mail, return receipt requested. State clearly: “I dispute this debt. Send me verification.” Don’t argue. Don’t explain. Just dispute and demand proof.
They must provide documentation connecting you to the debt. Account statements. Signed agreements. Chain of ownership if they bought the debt. Something showing you actually owe this money. According to National Consumer Law Center guidelines, vague responses don’t satisfy this requirement.
Many can’t. The debt’s been sold multiple times. Records are incomplete. They’re fishing, hoping you’ll pay without question. When verification fails, they must leave you alone and remove negative credit reporting.
We’ve helped clients in Cape Coral, Clearwater, and Pembroke Pines shut down bogus collections this way. One Jacksonville woman was being hounded for $3,000. She disputed it. They couldn’t verify it. Case closed.
Florida’s Statute of Limitations Protects You
Florida gives creditors five years to sue on written contracts like credit cards. Five years from your last payment or your last charge—whichever is later. After five years, the debt becomes time-barred.
Time-barred means they can’t win in court. They can still call you. Can still ask for payment. But lawsuits? Off the table.
Here’s the trap: making any payment restarts that five-year clock. So does acknowledging the debt in certain ways. If someone calls about a six-year-old debt, stay quiet. Don’t confirm anything. Don’t pay anything. Get advice first.
If they sue you on time-barred debt anyway, you must raise it as a defense in your answer. Courts won’t dismiss automatically. You have to assert it. This is technical. This is where attorneys earn their keep.
Collectors bank on you not knowing this. They sue on ancient debts hoping you won’t respond. Don’t give them that win.
When You Get Sued in Florida
Florida moves fast with lawsuits. You typically have 20 days from service to file an answer. Miss that deadline? Default judgment. Game over. They can garnish your wages, levy your bank account, put liens on your property.
Your answer must respond to each allegation. Admit, deny, or state you lack information. This isn’t the place to tell your life story. This is technical pleading. Do it wrong, and even good defenses fail.
Common defenses work in Florida: statute of limitations expired, debt was paid, identity theft, wrong amount, they can’t prove ownership of the debt. But you must assert them properly.
Florida also allows you to counterclaim if the collector violated the FCCPA or FDCPA in trying to collect the debt. They sue you for $2,000. You prove they harassed you illegally. You might walk away with them owing you money instead.
This happens. We’ve seen it in Lakeland, Hollywood, Gainesville, and Coral Springs. But only with proper legal representation.
Small claims court handles debts under $8,000. Regular civil court handles larger amounts. Rules differ. Procedures differ. Don’t wing this.
Florida’s Generous Property Exemptions
Florida protects debtors better than most states. Your homestead—unlimited value—is exempt if properly filed. Your car up to $1,000 in value. Personal property up to $1,000. Wages if you’re head of household are exempt completely.
Federal benefits—Social Security, SSI, veterans benefits, disability—cannot be touched for consumer debts. Neither can unemployment or workers’ compensation.
Even if collectors get a judgment, they can’t take what’s exempt. But—and this is crucial—you must claim exemptions. File the paperwork. Assert your rights. Don’t assume courts will protect you automatically.
We’ve helped clients in Miramar, Palm Bay, and West Palm Beach protect their homes, cars, and income using these exemptions. One Tampa nurse facing wage garnishment discovered she was head of household. Her entire paycheck became exempt. Collectors got nothing.
How Collections Destroy Credit
Collection accounts tank your credit score immediately. They signal to lenders that you don’t pay obligations. They stay on your report seven years from when you first fell behind with the original creditor.
Paying the collection doesn’t remove it. Doesn’t even help much with newer scoring models. The damage is done. Seven years it sits there.
But you can fight inaccurate reporting. The Fair Credit Reporting Act requires accuracy. Wrong amount? Dispute it. Not your debt? Dispute it. Already paid? Dispute it. Duplicate entry? Dispute it.
File disputes with all three bureaus, Equifax, Experian, TransUnion. They must investigate within 30 days. If they can’t verify the information, they must remove it.
We’ve gotten thousands of dollars in collections removed from credit reports for clients in Pompano Beach, Davie, and Sunrise. Sometimes the collector can’t verify, or they don’t respond on time. And sometimes they realize they reported the wrong information.</p>
Your credit matters. Jobs check it. Landlords check it. Lenders definitely check it. Don’t let collectors trash it with false information.
The Robocall Problem in Florida
Debt collectors love robocalls. Cheap, efficient, reaches thousands daily. They use autodialers and prerecorded messages to blast through call lists.
Problem is, it’s often illegal. The Telephone Consumer Protection Act requires your prior express consent before using automated systems to call your cell phone. Having your number on an old credit card application doesn’t count.
You can revoke consent anytime. Tell them: “Stop calling me with automated systems.” Document when you said this. Every robocall after that is $500 to $1,500 in statutory damages.
One Fort Myers client got 47 robocalls in two weeks after revoking consent. We documented each one. That’s potentially $70,500 in damages. We settled for a significant amount.
Collectors in Plantation, Deltona, and Boynton Beach continue making these mistakes. Your phone records prove the calls. Your testimony proves they were automated. The math is simple.
Florida’s Special Protections for People Older than 70
Florida has the nation’s second-largest senior population. Collectors know this. They target older residents with confusing tactics, fake urgency, and fear.
Florida law provides extra protection for vulnerable adults. Financial exploitation of those above 70 years is not just civil—it’s criminal. Collectors who use deceptive practices against older individuals face serious consequences beyond FCCPA violations.
If you’re over 60 and collectors are pressuring you, document everything. Their tactics might constitute elder financial exploitation, which brings law enforcement into play, not just civil attorneys.
We’ve helped people above 70 in The Villages, Boca Raton, and Naples fight back against predatory collectors. One 73-year-old widow in Sarasota was told she’d lose her home over a $1,200 debt. She wouldn’t. We stopped the harassment and recovered damages.
How The Wood Law Firm Fights for Floridians
We’ve spent over a decade exclusively handling consumer protection cases. FDCPA violations. FCRA disputes. TCPA claims. We know these laws inside out.
Attorney Jeff Wood brings 15 years of experience fighting debt collectors. While licensed in Arkansas, his federal court admissions span multiple jurisdictions. Our Of Counsel network includes attorneys licensed in South Carolina and other states, giving us nationwide reach.
We’ve studied Florida law specifically. We know the FCCPA’s requirements, Florida court procedures. And we also know what collectors try in Florida courts and how to counter it.
Everything works on contingency. You pay nothing up front. Zero. If we win, the collector pays your attorney fees on top of damages. Florida law and federal law both require this. It levels the playing field.
We’ve recovered statutory damages for harassment, stopped illegal garnishments. And we’ve fixed credit reports destroyed by false information and also made collectors pay for robocall violations. Learn about our consumer protection approach and how we help nationwide.
Real Results for Real Floridians
“They called me 15 times a day. At work. At home. On weekends. My boss threatened to fire me. The Wood Law Firm documented everything and filed a lawsuit. We settled for $4,000 based on the harassment.” – Carlos, Miami
“A collector put a $7,000 charge-off on my credit report. It wasn’t mine. I disputed it three times. Nothing changed. The Wood Law Firm sued under the FCRA. They removed it and paid me $3,500 in damages.” – Linda, Orlando
“They said they’d garnish my Social Security. I’m 68. I was terrified. The Wood Law Firm explained my benefits were protected and that their threat violated the FCCPA. I received $1,000 in statutory damages plus they had to pay my attorney fees.” – Robert, Tampa
“Robocalls woke me up at 7 AM every single day for three weeks. I told them to stop using automated calls. They didn’t. The Wood Law Firm filed a TCPA claim. We settled for $8,000 based on 15 documented violations.” – Jennifer, Jacksonville
Steps to Take Right Now
Stop accepting abuse. You have rights. Use them.
First, document everything. Every call—date, time, who called, what they said. Document every letter, voicemail, and text. This evidence becomes your ammunition.
Second, if you don’t recognize the debt, dispute it immediately. Write that letter today. Send it certified mail. Give them 30 days to prove it’s real.
Third, check your credit reports. You get free copies annually from each bureau. Look for errors. Dispute anything wrong.
Fourth, if they’ve sued you, don’t freeze. You have limited time to respond. Get help immediately.
Fifth, stop talking to them. Seriously. Everything you say can hurt you later. Let an attorney handle it.
Call The Wood Law Firm at +1 844-638-1122 now. Free consultation. We’ll review everything—the calls, the letters, the credit reports, the lawsuit, if there is one. We’ll explain your options clearly. No legal jargon. No pressure.
We respond within 15 minutes. Because when collectors are calling ten times a day, you need help now, not next week. Review our privacy policy to see how we protect your information.
Questions Floridians Actually Ask
A collector said I committed fraud and they’re contacting the police. Can they do that?
No. This is a classic intimidation tactic and likely violates the FCCPA. Consumer debt disputes are civil matters. Unless you actually committed fraud—which is different from just not paying—police aren’t involved. Document this threat. It’s evidence of illegal collection practices.
My wages are being garnished, but I’m the head of household. What do I do?
File a claim of exemption immediately with the court. Florida completely exempts head of household wages. You need to prove you qualify—you support a child or other dependent and provide more than half their support. This stops garnishment.
Can collectors take money from my bank account without warning?
Not without a judgment first. If they have a judgment, they can levy your account, but certain funds are protected. Social Security, for example, should be exempt. You can challenge improper levies, but timing is critical. Act fast.
I got served with a lawsuit on a debt from 2016. Is this too old?
Possibly. Florida’s statute of limitations is five years for most written contracts. If your last payment was in 2016 or earlier, the debt might be time-barred. But you must raise this defense in your answer to the lawsuit. Don’t ignore the lawsuit, hoping it goes away.
They’re calling my 80-year-old mother about my debt. Is this allowed?
Generally no. Collectors can contact third parties only to locate you—not to discuss the debt. Repeatedly calling your mother or telling her about your debt violates the law. This is especially serious given Florida’s protections for older persons.
What if the amount they’re suing for is way more than I borrowed?
Interest and fees pile up, but they must be legal and properly documented. Request an itemization in discovery. Challenge any fees that weren’t in the original agreement or aren’t allowed under Florida law. Many collectors inflate amounts, hoping you won’t question them.
Can they put a lien on my homestead?
Not for consumer debt. Florida’s homestead protection is powerful. They can’t touch your home for credit cards, medical bills, or personal loans. There are exceptions—property taxes, mortgages, HOA fees, construction liens—but general consumer debt can’t touch your homestead.
I want to settle the debt. Should I negotiate directly with the collector?
Get any settlement in writing before paying a penny. Specify that the payment resolves the entire debt, and they’ll remove credit reporting. Never give them direct access to your bank account. Use a money order or cashier’s check and keep proof of payment.
Do I really need an attorney for a small debt?
If the collector violated the law in collecting it, an attorney might be your best investment. You could recover statutory damages and attorney fees that exceed the debt. Plus, attorneys know how to negotiate better settlements if you do owe the money.
What happens if I ignore a small claims lawsuit because the amount is under $500?
You’ll lose by default. Then that $500 becomes a judgment that damages your credit for years and gives them collection powers. Florida doesn’t have a “too small to matter” rule. Defend yourself regardless of the amount.
Stop Letting Collectors Push You Around
You’re reading this because collectors are making your life miserable. The calls. The threats. The stress. Maybe they’re lying about what you owe, or they’re harassing your family. Or maybe they’re ruining your credit with false information.
Florida law says they can’t do this. Federal law says they can’t do this. But they keep doing it because most people don’t fight back.
You can change that today.
The Wood Law Firm has recovered hundreds of thousands of dollars for consumers facing exactly what you’re facing. We know how to stop the harassment, how to make them pay for violations. And we know how to fix your credit and protect your assets.
One phone call changes everything. +1 844-638-1122. Free consultation. No fees unless we win. We respond within 15 minutes because we know you need help now.
Don’t spend another day stressed about collector calls. Do not let them damage your credit with lies, and don’t face a lawsuit alone.
Call now. Let’s fight back together.
