Sued by a debt collector in Florida

Your deadline to answer a debt lawsuit in Florida, what happens if you don't, old debts as a defense, and the steps to take now.

Short answer

Check your court papers for the deadline. 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). 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). A debt older than Florida's time limit for written contracts (5 years) can be a defense.

Time to answer
Date on the summons
Time limit to sue (written contract)
5 years
Small claims limit
$8,000
Court self-help
Official page

Your deadline to answer 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)).
Court self-help
Florida court self-help (official)

In our 48 state guides, the time to answer runs from about 14 to 30 days; in Florida, the rule above and your summons decide.

In nearby states

Missing the deadline in Florida

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).

If the collector wins 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.
  • 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)).
  • Property: Your homestead is protected by the Florida Constitution (Art. X, § 4).

Florida's garnishment rules

More Florida rules on collection suits

  • 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 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).

Old debts as a defense in Florida

Florida's time limit to sue is 5 years for written contracts and 4 years for open accounts (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)). On whether a payment restarts 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). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

Check Florida's statute of limitations

Small claims court in Florida

Small claims limit: $8,000

  • 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).

Suing a collector who breaks the rules in Florida

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).

What to do if you are sued in Florida

  1. Check that the case is real

    Call or search the court yourself; don't use contact details from the papers.

  2. Note the answer date

    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).

  3. Answer in writing

    File the answer with the clerk and mail a copy to the collector's lawyer. Start with Florida court self-help (official).

  4. Check every defense

    Is it yours, is the amount right, did you pay, is it older than Florida's 5 years for written contracts?

  5. Show up in court

    Bring every paper you have, and send a dispute letter so the collector must prove the debt.

Where to get free help in Florida

Questions about debt lawsuits in Florida

How many days do I get to answer a debt suit 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)).

Can a collector win by default in Florida?

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).

Can I use the statute of limitations as a defense in Florida?

Florida's time limit to sue is 5 years for written contracts and 4 years for open accounts (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)). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

Can a collector sue me in small claims court in Florida?

Small claims limit: $8,000. 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).

Related Florida pages

Sources

Last checked: Oct 24, 2026.

Federal sources