Florida's legal framework for debt creates a mixed environment for consumers: relatively strong wage protections for heads of household, but a 5-year statute of limitations that is shorter than Georgia or Arizona, and no specific state licensing requirement for for-profit debt se
Florida Debt Settlement Laws Cost Data 2026
| Legal Parameter | Florida Rule | Source |
|---|---|---|
| SOL — written contracts (credit cards) | 5 years | FL Stat §95.11(2)(b) |
| SOL — oral contracts | 4 years | FL Stat §95.11(3)(k) |
| Wage garnishment — head of household | 100% exempt | FL Stat §222.11 |
| Wage garnishment — others | 25% of disposable income | Federal CCPA §1673 |
| Bank account exemption | $750 + head-of-household wages | FL Stat §222.11 |
| Homestead exemption | Unlimited value (half acre in city, 160 acres rural) | FL Const Art X §4 |
Top Debt Settlement Laws Providers in Florida
| Provider | Notes | Link |
|---|---|---|
| Americor | A+ BBB; free FL legal team consultation | Visit Site → |
| Freedom Debt Relief | AADR member; FL-active settlement company | Visit Site → |
| National Debt Relief | Large FL volume; CFPB complaint record: low | Visit Site → |
| InCharge Debt Solutions | NFCC nonprofit; FL-based HQ; credit counseling | Visit Site → |
| Consolidated Credit | FL-based nonprofit; DMPs available | Visit Site → |
| NFCC Member Agencies | Find FL-licensed nonprofit counselors near you | Visit Site → |
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Florida Law and Requirements
Florida consumer debt protection statutes: §95.11 (statutes of limitations); §222.11 (wage exemption for head of household); §559.55–559.785 (FL Consumer Collection Practices Act — extends FDCPA to original creditors in FL); §817.801–817.807 (FL Debt Management Services Act). Federal: FDCPA (15 U.S.C. §1692), FTC TSR (16 CFR §310), Regulation F (12 CFR §1006).
Key Terms
- Debt SettlementNegotiating with creditors to accept less than the full balance, typically via lump-sum payment.
- Statute of LimitationsWindow during which a creditor can sue to collect. After expiry the debt is "time-barred."
- Charge-OffWhen a creditor writes off a debt after ~180 days. Still owed; account moves to collections.
- FDCPAFair Debt Collection Practices Act — federal law barring abusive or deceptive collection tactics.
- Debt Management PlanStructured repayment through a nonprofit credit counseling agency, often at reduced interest rates.
- 1099-CIRS form issued when a creditor forgives $600+ — the forgiven amount may be taxable income.
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How to Understand Your Rights in Florida Debt Settlement — Step by Step
Know your Florida SOL
Check the date of your last payment on each debt. Add 5 years. If a creditor attempts to sue after that date, you have a complete defense — raise the SOL affirmatively in your answer to the lawsuit. Courts will not dismiss on their own; you must plead the SOL defense.
Understand the FL Consumer Collection Practices Act
FL Stat §559.72 extends FDCPA protections to original creditors (not just third-party collectors) in Florida. Creditors cannot harass, use abusive language, make false statements, or contact you at inconvenient times. Unlike the federal FDCPA, Florida's FCCPA applies even when the original creditor is collecting its own debt.
Document all creditor contacts
Keep a log of every call: date, time, phone number, name of caller, and what was said. Save written communications. This documentation is evidence if you need to file a FCCPA complaint. FL Stat §559.77 allows private lawsuits with $1,000 statutory damages plus attorney fees per violation.
Assert your head-of-household exemption
If you provide more than 50% financial support for a dependent, notify any creditor attempting garnishment in writing that you claim head-of-household exemption under FL Stat §222.11. File a Claim of Exemption form with the court if a garnishment order is issued.
File complaints for violations
Report FL Consumer Collection Practices Act violations to: FL Attorney General Consumer Protection (866-966-7226); CFPB (consumerfinance.gov/complaint); FTC (reportfraud.ftc.gov). Private lawsuits under the FCCPA are filed in FL circuit or county court — FL bars the statute at 2 years.
Consult a FL consumer attorney
If you've been sued by a creditor, received a garnishment notice, or are dealing with violations, consult a FL consumer protection attorney. The National Association of Consumer Advocates (NACA) maintains a directory at consumeradvocates.org. Many FL consumer attorneys handle FDCPA/FCCPA cases on contingency.
Frequently Asked Questions — Florida Debt Settlement Laws
What is the statute of limitations on credit card debt in Florida?
5 years from the date of last payment under FL Stat §95.11(2)(b). This applies to written contracts, which includes credit card agreements. After 5 years, the debt becomes "time-barred" and creditors cannot successfully sue to collect — but the debt still exists and can affect your credit report for 7 years from first delinquency.
What happens if I make a payment on old debt in Florida?
Making any payment on time-barred debt in Florida can restart the 5-year statute of limitations clock. Similarly, making a written acknowledgment of the debt may restart the SOL. This is called 'tolling' or 'reviving' the SOL. Never make a payment on old debt without first confirming whether it's time-barred and understanding the implications.
Can a debt collector sue me in Florida after the SOL expires?
Yes — a creditor CAN file suit even after the SOL expires. However, you have a complete defense: plead the SOL in your answer to the complaint. If you ignore the lawsuit, the creditor gets a default judgment regardless of the SOL. Never ignore a Florida court summons related to debt.
What does the Florida Consumer Collection Practices Act protect me from?
FL Stat §559.72 prohibits FL creditors and collectors from: harassing or threatening violence, using profane language, falsely implying legal action is imminent, contacting you at unreasonable hours, continuing contact after a written cease-and-desist request, and disclosing your debt to third parties. Violations carry $1,000 statutory damages per claim plus attorney fees.
Is there a Florida debt collector license requirement?
Yes — third-party debt collectors operating in Florida must be licensed as Consumer Collection Agencies by the FL Office of Financial Regulation (OFR) under FL Stat §559.553. Original creditors collecting their own debts and lawyers collecting debts incidental to their practice are exempt. Verify a collector's license at flofr.gov.
What is the Florida homestead exemption for debt purposes?
Florida's homestead exemption (FL Constitution Art. X §4) protects primary residences from forced sale by most creditors. Limits: 1/2 acre within city limits, 160 acres outside. Unlike many states, there's no dollar cap on Florida's homestead exemption — a $10 million beach house can be protected if it's your primary residence. Exceptions include mortgages, mechanic's liens, HOA assessments, and IRS tax liens.
What are my rights if a debt collection lawsuit is filed against me in Florida?
You have 20 days from service to file a written Answer with the court. Include all defenses: SOL (if applicable), inaccurate amount, wrong party, identity of original creditor, and any FCCPA violations. Attend all hearings — default judgments are difficult to reverse. Consider consulting a FL consumer attorney, especially for debts over $10,000 where a judgment creates a lien on real property.
How long does a judgment stay on my record in Florida?
A Florida judgment is valid for 20 years and can be renewed for additional 20-year periods. It becomes a lien on any real property you own in the county where it's filed. Judgments accrue interest at 6.52% (2026 FL statutory interest rate). Paying the judgment or disputing it in court are the primary ways to satisfy it.
Sources
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