Florida Consumer Collection Practices Act
The FCCPA (Florida Statutes sections 559.55 to 559.785) bars harassment and misleading collection practices, and it applies to original creditors as well as collection agencies.
Florida Legal Help
Sued for Debt in Florida? How to Respond on Time
In most Florida county and circuit court cases, you have 20 days after being served to file a written response. Small claims cases work differently. Here's how to find your deadline and respond.
How Long Do You Have to Respond in Florida?
| Court | Amount in dispute | What to do |
|---|---|---|
| Small claims | $8,000 or less | Attend the pretrial conference listed on your summons. A written answer usually isn't required unless the court orders one. |
| County court | Up to $50,000 | File a written answer within 20 days after service (Florida Rule of Civil Procedure 1.140) |
| Circuit court | More than $50,000 | File a written answer within 20 days after service |
Don't count the day you were served. If the 20th day falls on a weekend or legal holiday, the deadline moves to the next business day.
How to Answer a Debt Lawsuit in Florida
Identify Your Court and Deadline
Your summons names the court and tells you whether to file an answer or appear at a pretrial conference.
Respond to Each Numbered Paragraph
Admit, deny, or state that you don't know enough to admit or deny each allegation in the complaint.
Add Your Affirmative Defenses
Raise defenses such as the statute of limitations, lack of standing, or payment in your answer.
File With the Clerk
File with the clerk of court in person, by mail, or through the Florida Courts E-Filing Portal, which is open to self-represented filers.
Send a Copy to the Plaintiff
Send a copy to the plaintiff's attorney and include a certificate of service with your answer.
Attend Every Hearing
In small claims, missing the pretrial conference can lead to a default judgment even if you plan to fight the claim.
Florida Protections That Can Matter
Statute of Limitations
Generally 5 years for a written contract and 4 years for an oral contract or open account (Florida Statutes section 95.11).
Head of Family Wage Exemption
If you provide more than half the support for a child or other dependent, up to $750 a week of your disposable earnings are generally protected from garnishment (Florida Statutes section 222.11).
Where to Get Official Help in Florida
- The Florida Courts website, with self-help information and forms
- The self-help center at your county's clerk of court
- Local legal aid organizations and The Florida Bar's lawyer referral service
FAQ
Frequently Asked Questions About Debt Lawsuits in Florida
20 days after service in county and circuit court. In small claims, you usually attend a pretrial conference instead of filing a written answer.
$8,000, not counting costs, interest, and attorney fees.
Yes. Unlike the federal FDCPA, Florida's law applies to anyone collecting a consumer debt, including the original creditor.
They can be, but if you're the head of a family, up to $750 a week of your disposable earnings is generally protected.
The court can enter a default judgment against you, so attend or contact the court beforehand if you can't.
Next step
Start Your Florida Answer
Tell us about your lawsuit, and we'll help you prepare your answer before your deadline.