Florida: Credit, Debt & Bankruptcy

Federal laws like the FDCPA and FCRA set a floor in every state. But Florida law and Florida courts decide what actually happens with a debt here. That includes how long you have to answer a lawsuit, how long a creditor can sue, and how much of your income is protected.

When a collector is calling, or a summons just arrived, knowing where the official state resources live matters. It's just as important as knowing your federal rights.

Your official Florida resources

These are the state-level starting points most Floridians dealing with debt problems need:

• Florida Attorney General — Debt Collections — consumer protection information plus the state complaint process for debt collectors, credit and debt counseling firms, and other businesses.
• Florida Courts Help — the judicial branch's self-help hub. Plain-language guides, self-represented forms, and links to local self-help centers and legal aid.
• Florida Law Help — the statewide legal aid portal. Guides plus a directory of free and low-cost legal help by county and topic, in multiple languages.
• The Florida Bar — Debtors' Rights — a consumer pamphlet explaining collection, judgments, and Florida's exemptions in plain terms.
• U.S. Bankruptcy Courts — Florida has three federal districts: Northern (Tallahassee, Pensacola, Gainesville), Middle (Tampa, Orlando, Jacksonville, Fort Myers), and Southern (Miami, Fort Lauderdale, West Palm Beach).

If you need	Official starting point
To respond to a debt lawsuit	Florida Courts Help
To report a collector or scam	Attorney General consumer page
Free or low-cost legal help	Florida Law Help
Bankruptcy forms and local rules	Your district's bankruptcy court site

Debt lawsuits in Florida

Most people freeze up when court papers arrive. That reaction is common — but the process that follows is fairly predictable. When a collector sues in a Florida county court, the defendant generally must file a written answer with the court. A copy also has to go to the other side.

Florida Courts Help and legal aid guides describe a 20-day window from the date of service in typical debt cases, counting weekends and holidays. The summons someone actually received is what controls, though. Missing the window lets the collector ask for a default judgment, which can lead to garnishment or a frozen bank account.

Filing an answer forces the collector to prove its case with evidence. Court filing fees can sometimes be waived for people with low incomes, too.

Start with what to do when you're sued for a debt. Then work through our debt lawsuit response checklist alongside the official guides.

Statute of limitations basics

Florida's deadline for suing on most written contracts is commonly cited as five years under state law. That covers most credit cards and loans.

It's worth verifying how current law applies to a specific debt, though. The start date, the type of agreement, and out-of-state choice-of-law clauses can all change the math. A debt reduced to a court judgment follows a much longer clock.

An expired limitations period is generally a defense a filer must raise — courts don't apply it automatically. Read how the statute of limitations on debt works before making any decision about an old account.

Wage garnishment and protected income

Federal law caps how much of a paycheck can be garnished for ordinary debts. States are free to protect more. Florida is known for a strong head-of-family protection. A worker who provides more than half the support for a child or other dependent may qualify. That can shield much or all of their earnings from garnishment for a consumer debt.

As of mid-2026 that is the general picture. But the exemption is not automatic — it generally must be claimed on a strict deadline after a garnishment notice. It's worth verifying the current rules and forms with the court or legal aid.

Florida is also known for a broad homestead protection for a primary residence, though it has its own limits and conditions. Social Security and certain other federal benefits are generally protected from commercial garnishment regardless of state.

Garnishment in Florida typically follows a court judgment in consumer cases. That's one more reason responding to a lawsuit matters. Our wage garnishment guide covers the federal baseline and how exemption claims generally work.

Bankruptcy in Florida

Bankruptcy is federal, but it runs through local courts. Which of Florida's three districts handles a case depends on the county where the filer lives. Each district's website — Northern, Middle, and Southern — posts local rules, forms, filing locations, and self-representation information.

State law also shapes which property exemptions filers can use, to protect a home, vehicle, and belongings. Florida uses its own exemption lists, including its well-known homestead protection, rather than the federal ones. The specifics, and any dollar figures, adjust over time. So it's worth verifying current exemptions with the court, legal aid, or a bankruptcy attorney, rather than any static article.

For the big picture, start with our bankruptcy hub and the guide to filing without a lawyer.

Free and low-cost legal help

Many Floridians qualify for free help and never use it. Florida Law Help routes people to legal aid offices by county and topic. Florida Courts Help links to self-help centers and self-represented forms.

Court self-help staff can explain forms and procedure for free, though they can't give legal advice. Nationally, the LSC legal aid finder covers every state.

Common mistakes to avoid

• ✕Letting the 20-day response window pass because settlement talks are underway. Negotiating does not pause the court clock, and a default judgment can still be entered.
• ✕Making a small payment on an old debt before checking the dates. In Florida, a payment or written acknowledgment can restart the statute of limitations.
• ✕Assuming the head-of-family wage protection is automatic. It generally must be claimed on a short deadline after a garnishment notice, or it can be lost.
• ✕Filing in the wrong place. Florida has three bankruptcy districts and many county and circuit courts, and the right one depends on where you live.
• ✕Paying a company for help before checking Florida Law Help and court self-help resources, which are free.
• ✕Treating a default judgment as final without asking about options. Courts can sometimes set defaults aside, but the window and grounds are limited.

Credit repair companies in Florida: registration, bond, and how to check

Florida's Credit Service Organizations Act sits inside the fraud chapter of the criminal code (Fla. Stat. §817.7001–817.706). It does not create a state registration or license, so there is no Florida registry to search. What it does require: a company may take any money before fully completing the work only if it holds a $10,000 surety bond and keeps those payments in a Florida trust account until the work is done (§817.7005(1)). A written contract and an information statement are also required (§§817.702–817.704).

How to check a company: with no state list, the CFPB complaint database is the public record to search. A company that charges up front and cannot name its surety and trust bank is not following Florida law.

How to complain: the Florida Attorney General's complaint page and the CFPB.

The federal floor everywhere: the Credit Repair Organizations Act (15 U.S.C. §1679) bans advance fees, requires a written contract, and gives a three-business-day right to cancel. Accurate, timely items cannot be removed by anyone. How to vet an offer is on credit repair services.

Finding a bankruptcy attorney in Florida

Florida has three federal bankruptcy districts — Northern, Middle, and Southern — and a case is filed in the one serving the county where the filer lives. The district site posts local rules, local forms, and any pro se help or volunteer-lawyer program.

The Florida Bar Lawyer Referral Service (800-342-8011, or its online request form) refers to licensed attorneys statewide, with local bar services covering the major cities; it publishes a 30-minute consultation cap of no more than $25 and notes it does not place pro bono cases.

If income is limited, the LSC legal aid locator finds the federally funded program for any Florida address, and the NACBA member directory lists consumer bankruptcy attorneys by ZIP code. The ordered path, what a consultation costs, and the questions to ask before paying are on how to find a bankruptcy attorney near you.

Frequently asked questions

Can my wages be garnished in Florida for credit card debt?

Federal law caps how much of a paycheck can be garnished for ordinary debts, but Florida is known for a strong head-of-family protection that can shield much or all of the earnings of a worker who provides more than half the support for a child or other dependent. That exemption isn't automatic — it generally must be claimed on a strict deadline after a garnishment notice.

What is Florida's statute of limitations on credit card debt?

Florida's deadline for suing on most written contracts, including most credit cards and loans, is commonly cited as five years under state law. The start date, the type of agreement, and out-of-state choice-of-law clauses can all change the math, and a debt already reduced to a court judgment follows a much longer clock.

How long do I have to respond to a debt lawsuit in Florida?

Florida Courts Help and legal aid guides describe a 20-day window from the date of service in typical debt cases, counting weekends and holidays, but the summons actually received is what controls. Missing that window lets the collector ask for a default judgment, which can lead to garnishment or a frozen bank account.

Can a payment restart the statute of limitations on an old debt in Florida?

Yes — in Florida, a new payment, even a small one, can restart the clock, and so can a written acknowledgment of the debt. That's why many people check the dates before paying anything on a debt they haven't touched in years.

Is Florida's homestead protection relevant to debt collection?

Florida is known for a broad homestead protection for a primary residence, though it has its own limits and conditions, and it's part of why the state's bankruptcy exemption lists differ from the federal ones. Verifying the current scope of that protection with the court, legal aid, or a bankruptcy attorney is worth doing rather than relying on a static article.

Where do I find legal aid in Florida?

Florida Law Help is the statewide legal aid portal, routing people to free and low-cost legal help by county and topic in multiple languages. Florida Courts Help links to self-help centers and self-represented forms for people handling a case themselves.

How long does a judgment last in Florida?

This guide doesn't state a specific judgment-duration or renewal figure for Florida — see the sections above on lawsuits and judgments, and confirm current renewal rules with Florida Courts Help or a Florida attorney.

What is Florida's head-of-family wage exemption, and how do I claim it?

A worker who provides more than half the support for a child or other dependent may qualify for Florida's head-of-family exemption, which can shield much or all of their earnings from garnishment for a consumer debt. It generally must be claimed on a strict deadline after a garnishment notice, so verifying the current rules and forms with the court or legal aid matters.

Do credit repair companies have to be registered in Florida?

No. Florida's Credit Service Organizations Act (Fla. Stat. §817.7001 et seq.) has no state registration or license, so there is no Florida registry to search. It does bar taking any payment before the work is fully done unless the company holds a $10,000 surety bond and a trust account (§817.7005), and the federal CROA rules apply on top.

When to talk to a professional