Debt Defense – Florida Procedure

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    How Consumer Debt Cases Move Through the Florida Court System

    If you’re sued for a consumer debt in Florida — whether it’s a credit card, personal loan, medical bill, or even a private student loan — your case will follow a series of steps in the Florida court system.

    Knowing what happens (and when) can help you protect your rights and avoid costly default judgments.

    1. The Court System for Debt Cases in Florida

    Florida’s trial courts are divided into:

    • County Court – Handles most consumer debt cases up to $50,000.

      • Small Claims Division: For cases up to $8,000 (excluding interest, costs, and attorney’s fees). These move faster and have simplified procedures.

      • Regular Civil Division: For cases between $8,001 and $50,000.

    • Circuit Court – Handles consumer debt cases over $50,000.

    2. How a Debt Case Starts

    A. Complaint Filed

    • The creditor or debt buyer files a complaint (lawsuit) with the appropriate court.

    • The complaint outlines:

      • Who is suing you

      • How much they claim you owe

      • The legal basis for the claim (e.g., breach of contract, account stated)

    B. Service of Process

    • You must be formally served with:

      • The Summons (orders you to respond)

      • The Complaint (lists the allegations)

    • Service is usually done by a process server or sheriff’s deputy.

    • Florida law allows substitute service (e.g., leaving papers with another adult at your residence) in certain situations.

    3. Your Deadline to Respond

    • Small Claims Court – You must appear at the Pretrial Conference date stated in the summons (usually within 20–50 days of service).

    • County or Circuit Civil Court – You have 20 calendar days from the date you were served to file a written Answer or other legal response.

    If you do nothing: The creditor can request a default judgment and begin collections.

    4. Pretrial and Early Case Management

    In Small Claims

    • You must attend the Pretrial Conference.

    • The judge may order mediation to try to settle before trial.

    • If no settlement, the judge will set a trial date.

    In County or Circuit Civil

    • There may be an initial case management conference or scheduling order.

    • The creditor may send discovery requests (written questions, requests for documents, depositions).

    5. Discovery Phase

    • You and the creditor exchange evidence.

    • Common creditor evidence:

      • Account statements

      • Contract or cardholder agreement

      • Affidavits from the original creditor

    • Your potential evidence:

      • Proof of payments

      • Dispute letters

      • Evidence of identity theft

    • You can challenge whether the creditor has legal standing (especially if it’s a debt buyer) or whether they can prove the amount owed.

    6. Motions

    Either party can file motions, such as:

    • Motion to Dismiss – If the complaint is legally insufficient.

    • Motion for Summary Judgment – If the creditor claims there are no factual disputes and they should win without trial.

    • Motion to Compel – To force the other side to respond to discovery.

    7. Trial

    • Small Claims – Usually heard by a county court judge without a jury; evidence rules are simplified.

    • County/Circuit Civil – Can be bench trial (judge only) or jury trial.

    • The creditor must prove:

      • They own the debt

      • You agreed to the terms

      • The balance is correct

    • You can cross-examine witnesses and present your own evidence.

    8. Judgment

    • If the creditor wins, the court enters a Final Judgment stating the amount owed, plus interest, court costs, and sometimes attorney’s fees.

    • Judgments in Florida are valid for 20 years and can accrue interest.

    • The creditor can then pursue post-judgment collections:

      • Wage garnishment

      • Bank account levy

      • Liens on non-homestead property

    9. Post-Judgment Options

    • Claim of Exemption – Protect certain wages, bank funds, or property.

    • Motion to Vacate Judgment – If you weren’t properly served or have other valid legal grounds.

    • Settlement or Payment Plan – Negotiate after judgment to pay less than full amount.

    • Bankruptcy – May discharge certain consumer debts.

    10. Common Legal Violations to Watch For

    • Improper Service of Process – Not serving you according to Florida law.

    • Suing for Time-Barred Debt – Statute of limitations for most written contracts in Florida is 5 years from last payment/default.

    • Lack of Standing – Debt buyer can’t prove it owns your account.

    • FCRA / FDCPA Violations – False credit reporting or abusive debt collection practices.

    Key Takeaways

    • Always respond within the deadline — ignoring the lawsuit almost guarantees a loss.

    • Demand proof the creditor owns the debt and the amount is correct.

    • Florida law gives you tools to challenge improper lawsuits and protect exempt assets.

    • Legal advice early in the process can save you thousands.

    📞 Need help with a Florida debt lawsuit?
    We defend consumers across Florida against debt collection lawsuits and fight to stop illegal garnishments and levies. Call 855-978-6564!