Florida Debt Collection Laws: What Collectors Can and Can't Do in Your State

If you're dealing with debt collectors in Florida, you need to understand your rights under state law. Florida has some of the strongest consumer protections in the nation, but collectors are betting you don't know about them.

As the owner of ASAP Credit Repair with nearly two decades helping consumers, including Florida residents fight unfair collection practices. I've seen collectors routinely violate state laws because consumers don't know their rights. This stops today.

Here's everything you need to know about Florida debt collection laws, and how to use them to protect yourself.

Florida's Debt Collection: The Numbers

Florida consistently ranks among the top states for debt collection complaints. The Florida Attorney General's office receives thousands of collection-related complaints annually, with most involving violations of state consumer protection laws.

What makes Florida unique is the combination of strong homestead protections, head-of-household wage exemptions, and specific time limits that favor consumers. But collectors don't advertise these protections, they hope you'll pay without knowing your rights.

Florida Statute of Limitations: Your First Line of Defense

In Florida, most debts have a five-year statute of limitations, meaning collectors cannot sue you after five years from your last payment or acknowledgment of the debt.

This applies to:

• Credit card debts
• Medical bills
• Personal loans
• Auto deficiency balances
• Most commercial debts

Important exception: If a creditor already obtained a court judgment against you, the statute of limitations extends to 20 years. This is why it's crucial to respond to lawsuits and not let default judgments occur.

Real example from my practice: My client Tom received collection calls on a seven-year-old credit card debt. The collector threatened immediate legal action, but the debt was past Florida's five-year statute of limitations. We sent a simple letter citing the statute, and the collector stopped all contact.

How to use this protection: If a collector contacts you about old debt, don't make any payments or acknowledge the debt in writing. Instead, request debt validation and check when your last payment occurred. If it's been over five years, the debt may be legally uncollectible.

Florida Wage Garnishment Laws: Extraordinary Protection for Families

Florida provides some of the strongest wage garnishment protection in America. Florida has an unlimited wage garnishment exemption for the head of a family, meaning if you qualify as head of household, your wages cannot be garnished at all.

Head of household requirements:

• You provide more than half the support for a child or dependent
• The child or dependent lives with you
• You reside in Florida

If you earn $750 or less per week and qualify as head of household, all your disposable earnings are completely exempt from garnishment. Even if you earn more than $750 weekly, you can only waive this protection by signing a specific document.

For non-head of household workers: Wages garnished cannot exceed 25% of your net wages per week or be more than 30 times the minimum hourly wage, whichever is less.

Success story: My client Maria was facing wage garnishment on a $12,000 judgment. She was a single mother supporting two children and earning $600 weekly. Under Florida law, her wages were completely protected as head of household. Boom, the garnishment was dismissed within 30 days!

Florida Homestead Exemption: Unlimited Protection for Your Home

Florida's homestead exemption protects your primary residence from all creditors except those holding a mortgage or lien on the property. Unlike most states that cap homestead protection at specific dollar amounts, Florida's protection is unlimited.

What this means is that, no matter how much your home is worth, creditors cannot force you to sell it to pay debts (except for mortgages, HOA liens, or tax liens).

Requirements for homestead protection:

• The property must be your primary residence
• Cannot exceed half an acre in a municipality or 160 acres outside city limits
• You must be a Florida resident

Advanced protection: Florida's tenants by entireties exemption allows married couples to protect jointly-owned assets from individual debts. If you're married and own property together, creditors of only one spouse typically cannot touch jointly-owned assets.

What Debt Collectors Cannot Do in Florida

Florida law, combined with federal FDCPA protections, creates strict limits on collector behavior:

Prohibited collection practices:

• Calling before 8 AM or after 9 PM
• Contacting you at work after being told your employer prohibits such calls
• Using profane, obscene, or abusive language
• Threatening arrest or criminal prosecution
• Misrepresenting the amount owed or legal consequences
• Contacting third parties about your debt (except attorneys, credit bureaus, or original creditors)
• Continuing to contact you after you request communication cease in writing

Florida-specific violations I see regularly:

• Threatening to garnish wages without mentioning head of household exemptions
• Claiming they can force sale of homestead property
• Misrepresenting statute of limitations timeframes
• Filing lawsuits on time-barred debts

Real violation example: A collector told my client they would "take her house" for a medical debt. Under Florida homestead law, this was completely false. We filed a complaint with the Florida Attorney General and negotiated a settlement that eliminated the debt entirely.

Real People Are Asking the Same Question

Even on professional Q&A sites like JustAnswer, Florida homeowners often ask: “Can debt collectors take my house?” This shows how widespread the confusion is.

The truth is, under Florida’s homestead exemption, your primary residence is protected from most creditors. Collectors may try to scare you, but they cannot force the sale of your home, unless it’s for a mortgage, HOA lien, or property taxes.

By highlighting these real questions, it’s clear that many people don’t realize how strong Florida’s consumer protections really are.

Florida's Unique Garnishment Notice Requirements

Under Florida law, you will not receive advance notice before wage or bank garnishment - the notice comes after garnishment begins. This makes it crucial to understand your rights before garnishment occurs.

After garnishment begins: You have 20 days to file a Claim of Exemption form if you qualify for protection. Missing this deadline can cost you thousands in protected income.

Bank account garnishment: Unlike wages, bank accounts can be garnished without the same head-of-household protections. However, certain funds remain protected:

• Social Security benefits
• Veterans benefits
• Workers' compensation payments
• Unemployment benefits
• Child support received

Action step: If you face potential collection action, prepare exemption paperwork in advance. Don't wait for garnishment to begin.

Florida Debt Validation Rights

Beyond federal FDCPA validation rights, Florida provides additional consumer protections when dealing with debt collectors:

Enhanced validation in Florida: Request specific documentation including:

• Original signed contract or agreement
• Complete payment history from original creditor
• Chain of ownership documentation for debt buyers
• Verification of current balance calculation
• Proof of legal standing to collect in Florida

Florida licensing requirements: Debt collectors operating in Florida must be properly licensed. Always verify a collector's Florida license through the Department of Financial Services website.

Unlicensed collector violations: I regularly encounter out-of-state collectors operating in Florida without proper licensing. These violations can result in automatic case dismissals and potential damages.

Time-Barred Debt Collection in Florida

Even after the statute of limitations expires, collectors may still attempt collection. Here's what you need to know:

They can still collect: Time-barred debt collection is not illegal - collectors can still attempt to collect expired debts.

They cannot sue: After five years, collectors cannot successfully sue you for the debt if you raise the statute of limitations as a defense.

Credit reporting: Debts can remain on credit reports for 7.5 years, which is longer than Florida's five-year statute of limitations.

Your options with time-barred debt:

• Pay nothing (legally permissible)
• Negotiate a settlement for less than owed
• Pay the full amount (if you choose)

Warning: Making any payment on time-barred debt may restart the statute of limitations clock. Consult with an attorney or a credit repair expert before making payments on old debts.

Florida Collection Lawsuit Process

If collectors do sue you in Florida, understanding the process protects your rights:

Service of process: You must be properly served with lawsuit papers. Simply mailing documents or leaving them with random people is often insufficient under Florida law.

Response time: You typically have 20 days to respond to a lawsuit after proper service. Missing this deadline results in a default judgment.

Discovery process: Florida allows extensive discovery in collection cases. You can demand proof of the debt, ownership documentation, and complete account histories.

Common collector lawsuit weaknesses:

• Lack of proper documentation from original creditor
• Broken chain of ownership for purchased debts
• Inability to prove exact balance owed
• Violations of proper service requirements

Protecting Yourself from Collection Scams

Florida's retiree population makes it a target for collection scams.

Here are red flags specific to Florida:

Homestead scams: Collectors claiming they can force sale of your homestead property for consumer debts

Wage garnishment threats: Collectors threatening wage garnishment without mentioning head-of-household exemptions

Fake legal threats: Collectors claiming immediate legal action on time-barred debts

Licensing scams: Unlicensed out-of-state collectors claiming authority to collect in Florida

How to verify legitimacy:

• Check collector licensing through Florida Department of Financial Services
• Verify debt ownership through written validation requests
• Research the collecting law firm through the Florida Bar website
• Never provide bank account or Social Security information over the phone

Building Your Defense Strategy

Based on nearly two decades helping Florida consumers, here's my recommended defense strategy:

Step 1: Know your timeline

• Document when you last made a payment
• Calculate statute of limitations expiration date
• Track all collection contacts

Step 2: Assert your exemptions

• Determine if you qualify as head of household
• Document your homestead status
• Identify protected income sources

Step 3: Demand validation

• Request complete debt documentation
• Verify collector licensing in Florida
• Challenge any deficiencies in their proof

Step 4: Use Florida's protections

• Cite specific Florida statutes in your responses
• File complaints for violations
• Document all illegal collection practices

When to Fight vs. When to Settle

Fight when:

• The debt is past statute of limitations
• The collector lacks proper documentation
• Your wages/property are protected by exemptions
• The collector has violated Florida law

Consider settlement when:

• The debt is recent and well-documented
• You have significant non-exempt assets
• The collector has followed all proper procedures
• Settlement amount is significantly reduced

Negotiation leverage unique to Florida:

• Head of household wage protection
• Unlimited homestead exemption
• Strong consumer protection laws
• Five-year statute of limitations

Your Action Plan for Florida Debt Collection Issues

Immediate steps:

1. Stop all verbal communication with collectors
2. Request everything in writing
3. Send debt validation letters via certified mail
4. Document all collection contacts

Assess your protections:

1. Calculate statute of limitations on your debts
2. Determine head-of-household status
3. Document homestead property
4. Identify exempt income sources

Build your defense:

1. Verify collector licensing in Florida
2. Challenge inadequate debt validation
3. Assert applicable exemptions
4. File complaints for law violations

Know when to get help:

• Lawsuit filed against you
• Wages or accounts garnished
• Collector violations occurring
• Complex debt ownership issues

Florida's debt collection laws provide extraordinary protection for consumers who know how to use them. Don't let collectors intimidate you into paying without understanding your rights.

After nearly 20 years helping Florida residents navigate debt collection, I can tell you that informed consumers almost always achieve better outcomes than those who pay out of fear or ignorance.

Use Florida's consumer protections to your advantage. The laws are on your side - if you know how to use them.