Sued for Credit Card Debt in Florida? Here's What to Do
What a Credit Card Lawsuit Means for You
If you have been served with a lawsuit for credit card debt in Florida, you are not alone. Thousands of Floridians are sued for unpaid credit card balances every year. These lawsuits are filed either by the original credit card company or, more commonly, by a debt buyer who purchased your account for pennies on the dollar.
Being sued does not mean you have already lost. It means a creditor is asking a Florida court to enter a judgment against you for the amount they claim you owe. Until that judgment is entered, you still have rights, defenses, and options. The worst thing you can do is panic or ignore the lawsuit. The best thing you can do is take immediate action.
You Have 20 Days to Respond
This is the single most important thing to understand: in Florida, you have only 20 calendar days from the date you were served to file a written response with the court. This response is called an “Answer,” and it is your opportunity to formally dispute the claims against you.
The 20-day clock starts ticking from the moment you are handed the lawsuit papers, not from when you read them or when you decide to take action. Weekends and holidays count toward this deadline. If day 20 falls on a weekend or holiday, your deadline extends to the next business day, but do not rely on this technicality.
If you were recently served, contact our office immediately to make sure your response is filed on time.
What Happens If You Do Not Respond
If you fail to file an Answer within 20 days, the creditor will ask the court for a default judgment. A default judgment is essentially an automatic win for the creditor because you did not show up to dispute their claims.
Once a default judgment is entered, the creditor gains the legal power to:
- Garnish your wages (up to 25% of disposable earnings in many cases)
- Freeze and levy your bank accounts
- Place liens on your property, including real estate
- Accrue interest on the judgment amount, making your debt grow even larger
A Florida judgment is enforceable for 20 years and can be renewed, so this is not something that simply goes away with time.
Your Defense Options
Many consumers assume that if they owe the debt, they have no defense. That is simply not true. There are several legitimate defenses that can result in a lawsuit being dismissed or settled for significantly less than the claimed amount.
Statute of Limitations
In Florida, the statute of limitations on credit card debt is 5 years from the date of your last payment. If the creditor filed the lawsuit after this window, you have an affirmative defense that can result in the case being dismissed entirely. The court will not raise this defense for you. You must assert it in your Answer.
Lack of Standing
Many credit card lawsuits are filed by debt buyers, not the original creditor. These companies must prove they legally own your specific account through a documented chain of title. In our experience, debt buyers frequently cannot produce adequate documentation to prove they have standing to sue you.
Documentation Errors
Creditors must prove the amount they claim you owe is accurate. We routinely find errors in the balance calculations, missing account statements, and improperly applied fees and interest charges. If the creditor cannot prove the exact amount owed, the case may be weakened significantly.
Improper Service
If you were not properly served according to Florida Rules of Civil Procedure, the court may not have jurisdiction over you. This can be grounds for having the case dismissed.
Florida-Specific Protections
Florida offers some of the strongest debtor protections in the country, and understanding them is critical if you are being sued for credit card debt.
Homestead Exemption
Florida’s homestead exemption protects your primary residence from most creditor judgments, regardless of the home’s value. If your home is on a lot of half an acre or less within a municipality (or 160 acres in an unincorporated area), it is protected. A credit card judgment cannot force the sale of your home.
Head of Household Exemption
If you provide more than half the support for a child or dependent, your wages may be completely exempt from garnishment under Florida’s head of household exemption. Under Florida Statute 222.11, disposable earnings up to $750 per week are fully protected, and amounts above that threshold cannot be garnished without your written consent.
These protections do not apply automatically in every situation. You must assert them, which is another reason having an attorney is essential.
Why You Need an Attorney
Credit card companies and debt buyers hire aggressive attorneys whose job is to collect as much money as possible. Representing yourself puts you at a serious disadvantage, even if you have valid defenses.
When you hire our firm, we handle everything:
- Filing your Answer before the 20-day deadline
- Asserting all applicable defenses, including statute of limitations, lack of standing, and documentation deficiencies
- Negotiating a settlement that is often 30% to 60% less than the amount claimed
- Representing you in court at all hearings and proceedings
- Protecting your assets by asserting Florida exemptions
Our attorneys have previously worked on the collections side, so we understand exactly how creditors think and what motivates them to settle. That insider knowledge gives our clients a significant advantage.
Take Action Now
If you have been sued for credit card debt in Florida, time is not on your side. Every day that passes brings you closer to a default judgment that could affect your finances for decades.
Contact our debt lawsuit defense team today for a free, no-obligation consultation. We will review your case, explain your options, and help you take control of the situation. You can also schedule your free consultation here or call us at (727) 999-3132.
Do not let a credit card lawsuit turn into a judgment. Let us fight for you.