Florida debt collection laws: 2 years to file

the short answer

Florida's Consumer Collection Practices Act is written against “a person” collecting a consumer debt, not against debt collectors as a defined class — so it reaches the original creditor as well as the agency. Its list is its own: no simulating a law enforcement officer or a government agency, no force or threats, no telling a debtor who disputes the debt that their credit reputation will be disclosed to others.

source ↗Not yet checked against the statute.

governing statute15 U.S.C. § 1692d source ↗Not yet checked against the statute.

plain englishA debt collector may not harass, oppress or abuse you to collect a debt — no threats, no obscenity, no publishing your name as someone who will not pay, and no repeated calls meant to annoy. It may not lie about the amount, about who it is, or about what will happen to you. It may not call before 8 in the morning or after 9 at night your time, or at work once you have said your employer forbids it, and once you tell it in writing to stop contacting you it must stop.source ↗Not yet checked against the statute.

deadline5 dayssource ↗Not yet checked against the statute.

penaltyYour actual damages, plus additional damages the court may allow up to $1,000, plus the costs of the action and a reasonable attorney's fee (15 U.S.C. § 1692k(a)). The fee shifts on any successful action, which is what makes a small case worth a lawyer's time.source ↗Not yet checked against the statute.

limit1 yearsource ↗Not yet checked against the statute.

free routeThe Consumer Financial Protection Bureau takes a complaint about a debt collector online, in any state, for nothing. It forwards the complaint to the company and expects a response, and it publishes the complaint and the response in a public database. That is a national route that runs alongside — not instead of — the state office named below.source ↗Not yet checked against the statute.

alsoThe Act reaches debt collectors — third-party agencies, and buyers of debt that was already in default. A creditor collecting its own debt in its own name is usually outside it, and that is the gap the state law below is often there to close. Two more things worth knowing: within five days of first contacting you the collector must put the amount, the creditor's name and your right to dispute in writing, and if you dispute in writing within thirty days it must stop collecting until it sends you verification. Under Regulation F a collector is presumed to be harassing you if it calls more than seven times in seven days about the same debt, or at all within seven days of speaking to you (12 C.F.R. § 1006.14(b)(2)(i)).source ↗Not yet checked against the statute.

Which debt collection law applies in Florida?

governing statute

Fla. Stat. § 559.72

source ↗Not yet checked against the statute.

What can you recover from a debt collector in Florida?

penalty

Actual damages plus additional statutory damages the court may allow up to $1,000, together with court costs and reasonable attorney's fees. In setting the statutory damages the court weighs the nature of the noncompliance, how frequent and persistent it was, and how intentional (Fla. Stat. § 559.77(2)).

source ↗Not yet checked against the statute.

How long do you have to sue a debt collector in Florida?

limit

2 years

source ↗Not yet checked against the statute.

Where do you report a debt collector in Florida?

free route

A consumer collection agency has to be registered with the Office of Financial Regulation to collect in Florida, and that office takes the complaint. Read its limit before you file: OFR enforces financial regulation and does not intervene on behalf of individuals or mediate private disputes — if your purpose is to recover money, it points you to arbitration, mediation or the courts, which is what the two-year claim above is for.

source ↗Not yet checked against the statute.

Which court hears a case like this in Florida?

which court

County court

source ↗Not yet checked against the statute.

How much can you sue for in Florida small claims court?

small claims limit

$8,000

source ↗Not yet checked against the statute.

exceptions: The limit does not count costs, interest or attorney's fees.

source ↗Not yet checked against the statute.

What else should you know in Florida?

also

Two years to file, and it runs from the date the violation occurred — twice the federal year, and the reason a Florida reader who is out of time federally should check this one before giving up (Fla. Stat. § 559.77(4)).

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Florida. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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Can I sue for a debt collector harassing me in Florida?

Which debt collection law applies in Florida?

What can you recover from a debt collector in Florida?

How long do you have to sue a debt collector in Florida?

Where do you report a debt collector in Florida?

Which court hears a case like this in Florida?

How much can you sue for in Florida small claims court?

What else should you know in Florida?

That is the rule. Whether it is your answer is a different question.