Florida · Debt collection rights · Updated Oct 2026
Debt collectors in Florida: your rights
What debt collectors can and can't do in Florida, how long they have to sue, how much of your pay and bank account is protected, collector licensing, where to complain and what to do if you are sued, in plain English from official sources.
Your federal rights
These federal rules apply in Florida and every other state. Florida's own law, below, can add more.
- Who the federal law covers. The Fair Debt Collection Practices Act (FDCPA) covers debt collectors who collect for someone else and companies that buy debts, not usually the original creditor collecting its own debt (15 U.S.C. 1692a(6)). Some state laws also cover original creditors.
- A validation notice. A collector must give you a validation notice, in its first message or within 5 days after it, with the amount, the creditor and how to dispute (15 U.S.C. 1692g(a); 12 CFR 1006.34).
- Your right to dispute. If you dispute the debt in writing within the validation period (30 days after you get the notice), the collector must stop collecting until it mails you verification (15 U.S.C. 1692g(b); 12 CFR 1006.38).
- When collectors can contact you. No calls before 8 a.m. or after 9 p.m. your time, or at work if your employer doesn't allow it (15 U.S.C. 1692c(a)). More than 7 calls in 7 days about one debt is presumed to break the law (12 CFR 1006.14(b)(2)).
- Telling a collector to stop. If you tell a collector in writing to stop contacting you, it must stop, except to tell you it is ending collection or will take a specific step such as a lawsuit (15 U.S.C. 1692c(c)).
- What collectors can't do. No threats, obscene language, false statements (for example pretending to be a lawyer or the government, or threatening arrest) and no unfair practices such as collecting fees your contract doesn't allow (15 U.S.C. 1692d, 1692e, 1692f). A collector generally can't discuss your debt with your family, neighbors or employer (15 U.S.C. 1692c(b)).
Read how to dispute a debt or stop collector calls.
Florida law and extra protections
- State law
- Florida Consumer Collection Practices Act (FCCPA)
- Law
- Fla. Stat. §§ 559.55–559.785
- Covers original creditors
- Yes
- Extra protections
- No one collecting a consumer debt (including the original creditor) may contact you between 9 p.m. and 8 a.m. your time without your consent. Since 2025, emails are allowed at any hour (Fla. Stat. § 559.72(17); ch. 2025-23).
- A collector may not contact your employer before getting a final court judgment, unless you agree in writing or acknowledge the debt in writing after it went to collection (Fla. Stat. § 559.72(4)).
- A collector may not tell others about a debt you reasonably dispute without saying it is disputed (Fla. Stat. § 559.72(6)).
- A company that bought your debt must send you written notice of the assignment at least 30 days before trying to collect (Fla. Stat. § 559.715).
- Consumer collection agencies must register with the Office of Financial Regulation (Fla. Stat. § 559.553).
- Can you sue under it?
- Yes. You can sue anyone who breaks § 559.72 for actual damages, extra statutory damages of up to $1,000, court costs and attorney's fees; the court may also award punitive damages. You must sue within 2 years (Fla. Stat. § 559.77).
- Official text
- Read the law
Old debts in Florida
- Written contracts
- 5 years
- Open accounts and unwritten agreements
- 4 years
- Does a payment restart the clock?
- A promise to pay, or acknowledgment of, a debt that is already time-barred only counts if it is in writing and signed by you (Fla. Stat. § 95.04). The statute does not say how a payment affects the clock.
- Must collectors say a debt is too old?
- No Florida disclosure rule found. Under federal Regulation F, a debt collector may not sue you or threaten to sue you on a time-barred debt (12 C.F.R. § 1006.26(b)).
- Law
- Fla. Stat. § 95.11(2)(b) (written: 5 years); § 95.11(3)(j) (not written, incl. store accounts: 4 years); § 95.11(4) (hospital medical debt: 3 years)
- Official text
- Read the law
The time limit is the statute of limitations. Once it runs out, the debt is “time-barred”: a collector must not sue or threaten to sue you, but the debt still exists. Read more about time-barred debt.
Is my debt too old? Check Florida's time limit
Every state limits how long a creditor or collector has to sue you over a debt. This is the statute of limitations. Choose your state, the type of debt and the date of your last payment to see the limit and an estimated end date. Nothing you type here is sent anywhere.
Wage garnishment and bank accounts in Florida
- Wage limit
- Stricter than federal for a head of family: if you provide more than half the support of a child or other dependent, all your disposable earnings up to $750 a week are protected, and more than that is protected too unless you waived it in a separate signed document. Others: federal limit (Fla. Stat. § 222.11(2)).
- Head of household
- Head of family (more than half the support of a child or dependent): disposable earnings up to $750 a week fully exempt; above that exempt unless waived in writing (Fla. Stat. § 222.11).
- Bank account
- Exempt wages of a head of family stay protected in a bank account for 6 months after deposit if they can be traced as wages (Fla. Stat. § 222.11(3)).
- Law
- Fla. Stat. § 222.11; 15 U.S.C. § 1673
Federal benefits such as Social Security, SSI and VA benefits that were directly deposited are protected in your bank account up to two months' worth (31 CFR 212.6). A creditor usually needs a court judgment before it can garnish your wages or bank account.
Property you can keep in Florida
Your homestead is protected by the Florida Constitution (Art. X, § 4). By statute you can protect a motor vehicle up to $5,000 and, if you don't claim the homestead exemption, other personal property up to $4,000 (Fla. Stat. § 222.25). For hospital medical debt the limits are $10,000 each (Fla. Stat. § 222.26).
Collector licensing in Florida
- License required
- Yes
- Who licenses
- Florida Office of Financial Regulation (registration of consumer collection agencies)
- Check a license
- Official license lookup
Medical debt in Florida
Since 2024 (HB 7089, ch. 2024-183): a hospital or surgery-center debt must be sued on within 3 years after it is sent to collection (Fla. Stat. § 95.11(4)); a vehicle up to $10,000 and personal property up to $10,000 are protected from collection of such debt (Fla. Stat. § 222.26); facilities must meet conditions, including 30 days' written notice, before 'extraordinary collection actions' such as credit reporting or suing (Fla. Stat. § 395.3011(2)). A 2025 law (HB 547, ch. 2025-98) adjusted the notice rule when debt is sold to some buyers.
If you are sued in Florida
- Time to answer
- Small claims (up to $8,000, county court): you must appear at the pretrial conference shown on your summons/notice to appear (Fla. Sm. Cl. R. 7.090). Larger civil cases: you must serve a written answer within 20 days after you are served (Fla. R. Civ. P. 1.140(a)).
- If you don't answer
- In small claims, if you don't appear at the scheduled time, the plaintiff is entitled to a default and the judge can enter final judgment (Fla. Sm. Cl. R. 7.170).
- Court self-help
- Florida court self-help (official)
Don't ignore court papers. Read what to do if a debt collector sues you.
Where to complain in Florida
- Florida: Florida Office of Financial Regulation · 850-487-9687
- Federal: the Consumer Financial Protection Bureau takes complaints about debt collectors at consumerfinance.gov/complaint · (855) 411-2372.
- You can also report a collector to the Federal Trade Commission at ReportFraud.ftc.gov.
Free help in Florida
Good to know in Florida
- Florida's collection law applies to 'a person' collecting consumer debts, so it reaches original creditors, not only collection agencies (Fla. Stat. § 559.72).
- Courts must give great weight to federal FDCPA interpretations when applying the Florida remedies section (Fla. Stat. § 559.77(5)).
Changes in 2024–2026
2024: medical debt protections (3-year limit for hospital debt, $10,000 vehicle and property exemptions for that debt, collection-action conditions), ch. 2024-183. 2024: § 222.25 amended (ch. 2024-110). 2025: SB 232 (ch. 2025-23) allows email between 9 p.m. and 8 a.m.; HB 547 (ch. 2025-98) on notice before sale of medical debt.
Free letters to send a collector
Dispute a debt and ask for proof (validation letter)
Within 30 days of the collector's validation notice.
Tell a collector to stop or limit contact
Stop all contact, writing only, or no calls at work.
Questions about debt collection in Florida
What is the statute of limitations on debt in Florida?
5 years for written contracts and 4 years for open accounts and unwritten agreements (Fla. Stat. § 95.11(2)(b) (written: 5 years); § 95.11(3)(j) (not written, incl. store accounts: 4 years); § 95.11(4) (hospital medical debt: 3 years)).
Does paying on an old debt restart the clock in Florida?
A promise to pay, or acknowledgment of, a debt that is already time-barred only counts if it is in writing and signed by you (Fla. Stat. § 95.04). The statute does not say how a payment affects the clock.
Must a collector tell me a debt is too old to sue on in Florida?
No Florida disclosure rule found. Under federal Regulation F, a debt collector may not sue you or threaten to sue you on a time-barred debt (12 C.F.R. § 1006.26(b)).
How much of my paycheck can be garnished in Florida?
Stricter than federal for a head of family: if you provide more than half the support of a child or other dependent, all your disposable earnings up to $750 a week are protected, and more than that is protected too unless you waived it in a separate signed document. Others: federal limit (Fla. Stat. § 222.11(2)).
How much money in a bank account is protected in Florida?
Exempt wages of a head of family stay protected in a bank account for 6 months after deposit if they can be traced as wages (Fla. Stat. § 222.11(3)).
Do debt collectors need a license in Florida?
Yes. Florida Office of Financial Regulation (registration of consumer collection agencies)
Does Florida have its own debt collection law?
Yes: the Florida Consumer Collection Practices Act (FCCPA) (Fla. Stat. §§ 559.55–559.785). It also covers original creditors collecting their own debts.
How long do I have to answer a debt lawsuit in Florida?
Small claims (up to $8,000, county court): you must appear at the pretrial conference shown on your summons/notice to appear (Fla. Sm. Cl. R. 7.090). Larger civil cases: you must serve a written answer within 20 days after you are served (Fla. R. Civ. P. 1.140(a)).
Does Florida protect people with medical debt?
Since 2024 (HB 7089, ch. 2024-183): a hospital or surgery-center debt must be sued on within 3 years after it is sent to collection (Fla. Stat. § 95.11(4)); a vehicle up to $10,000 and personal property up to $10,000 are protected from collection of such debt (Fla. Stat. § 222.26); facilities must meet conditions, including 30 days' written notice, before 'extraordinary collection actions' such as credit reporting or suing (Fla. Stat. § 395.3011(2)). A 2025 law (HB 547, ch. 2025-98) adjusted the notice rule when debt is sold to some buyers.
Where can I complain about a debt collector in Florida?
Florida Office of Financial Regulation: https://flofr.gov/enforcement/submit-a-complaint-or-tip · 850-487-9687
- Fla. Stat. § 559.72
- Fla. Stat. § 559.77
- Fla. Stat. § 559.553
- Fla. Stat. § 559.715
- Fla. Stat. § 95.11
- Fla. Stat. § 95.04
- Fla. Stat. § 222.11
- Fla. Stat. § 222.25
- Fla. Stat. § 222.26
- Florida Senate – CS/CS/SB 232 (2025) summary
- Florida House – CS/HB 547 (2025) final bill analysis
- Florida Small Claims Rules (July 1, 2026)
- OFR – Verify a License
- OFR – Submit a Complaint
- Fla. Stat. § 395.3011
- Florida Rules of Civil Procedure (Oct. 1, 2026), Rule 1.140
Last checked: Oct 24, 2026.