when can a lawyer in florida file a suit against collecting debt

Full Answer

What damages can be awarded in a Florida debt collection lawsuit?

One of the developing areas in Florida debt collection law involves the award of damages. The FDCPA limits consumer recovery to $1,000 per case, while precedent from Florida federal courts suggests damages in excess of $1,000 are not out of the question. The federal case of Beeders v. Gulf Coast Collection Bureau exemplifies this interpretation.

What are the debt collection laws in Florida?

Florida debt collection laws consist of the set of legal tools that enable creditors to collect money damages a court has awarded in a court judgment. The outcome of most civil litigation is a money judgment against the losing party (judgment debtor) in favor of the prevailing party (judgment creditor) for an amount of money damages plus interest.

What is the Statute of limitations for debt in Florida?

The statute of limitations for debt in Florida is usually five years. This means that a creditor has five years to start a lawsuit against you for the money you owe. This is because most debts are based on written agreements. Looking for help? Schedule a phone or Zoom consultation to review your specific situation.

Do you need a lawyer to file an answer to debt?

A lawyer to help you figure out if you have any defenses, prepare the answer and file it, and represent you in court. If you can’t afford to hire an attorney (or paying for a lawyer would cost more than the collector is seeking in the lawsuit), you can prepare an answer, file it, and represent yourself.

Can you file a lawsuit against debt?

Yes, it's possible to be sued by a debt collector, typically when you're at least 180 days delinquent on your account.

How long does a creditor have to sue you in Florida?

five yearsStatute of Limitations in Florida for Debt The statute of limitations for debt in Florida is usually five years. This means that a creditor has five years to start a lawsuit against you for the money you owe. This is because most debts are based on written agreements.

How do I win a debt collection lawsuit in Florida?

11 Ways to Defend Against a Debt Collection Lawsuit in FloridaConsider Hiring a Florida Debt Collection Defense Attorney. ... Respond to the Complaint Within the Allowed Time. ... Challenge Validity of Service. ... Challenge the Plaintiff's Right to Sue. ... Use Burden of Proof to Your Advantage to Defend Against a Debt Collection Lawsuit.More items...•

Can you dispute a debt if it was sold to a collection agency?

Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.

How do you beat a debt collector in court?

If you're wondering how to win a debt collection lawsuit against you, here are six steps you can take.Respond to the Lawsuit. ... Challenge the Collection Agency's Right to Sue You. ... Hire an Attorney. ... File a Countersuit. ... Attempt to Settle the Debt. ... File for Bankruptcy.

Can a debt collector take you to court in Florida?

If A Debt Collector or Creditor Violates the FCCPA You have a private cause of action if a creditor or debt collector harms you in violation of the FCCPA. So, you can file a lawsuit in Florida against the collector or creditor. If you win, the court may award to you: actual damages.

What assets are protected from creditors in Florida?

The key assets that are protected from creditors in Florida include:A homestead, with some acreage limitations.The wages of someone who qualifies as head of household.Annuities.Life Insurance.Retirement Accounts. ... Tenants by entireties property when the judgment is separate.More items...•

How do I respond to a collection letter from a lawyer?

I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.

What personal property can be seized in a Judgement in Florida?

The sheriff's department can seize: Personal property: movable things (e.g., cars, horses, boats, furniture, jewelry) owned by the debtor. Real property: land and buildings owned by the debtor.

What is a 609 dispute letter?

A 609 dispute letter is a letter sent to the bureaus requesting this information is actually not a dispute but is simply a way of requesting that the credit bureaus provide you with certain documentation that substantiates the authenticity of the bureaus' reporting.

What should you not say to debt collectors?

3 Things You Should NEVER Say To A Debt CollectorAdditional Phone Numbers (other than what they already have)Email Addresses.Mailing Address (unless you intend on coming to a payment agreement)Employer or Past Employers.Family Information (ex. ... Bank Account Information.Credit Card Number.Social Security Number.

What is a goodwill request for deletion?

The goodwill deletion request letter is based on the age-old principle that everyone makes mistakes. It is, simply put, the practice of admitting a mistake to a lender and asking them not to penalize you for it. Obviously, this usually works only with one-time, low-level items like 30-day late payments.

What is a debt collector in the FCCPA?

Under the FDCPA, a debt collector is essentially any person in any business, the principal purpose of which is the collection of any debts, or who regularly collects debts owed. Under the FCCPA, debt collectors are defined more broadly ...

What is consumer debt?

Consumer debt is defined as a personal debt that arises out of “a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. ”. Fla. Stat. § 559.55 (6-8).

Is FDCPA a statute?

The FDCPA and FCCPA are creatures of statute and must be strictly adhered to by those attempting to collect consumer debts. It is advisable to consult and attorney should you have any questions as to whether you are considered to be a debt collector and your obligations in connection with the FDCPA and FCCPA. Authors:

1. Consider Hiring a Florida Debt Collection Defense Attorney

If the debt is substantial, you should at least consult with a lawyer. There may be defenses of which you may be unaware or need help arguing. See our blog post, Do I Need a Florida Debt Collection Defense Attorney?

2. Respond to the Complaint Within the Allowed Time

When a creditor sues you in court, they must issue a summons notifying you that they have filed a complaint. In Florida, you have 20 days to respond in a formal legal brief known as an “answer” in order to defend against a debt collection lawsuit.

3. Challenge Validity of Service

Florida has specific requirements that must be met before service of process of a lawsuit is valid. If your creditor does not meet these requirements, you can have the lawsuit thrown out of court. Of course, this is only a temporary tactic, because the plaintiff can correct the error and serve you again.

5. Use Burden of Proof to Your Advantage to Defend Against a Debt Collection Lawsuit

An important thing to keep in mind is that the burden of proof is on the creditor suing you, not on you. They are the ones who must prove that you actually owe the debt, the amount of the debt, and as just discussed, that you owe it to them.

6. Check the Statute of Limitations

Statutes of limitations are laws that indicate how long a party has to bring a lawsuit. They vary according to the situation, but they usually start on the last day you were active on an account such as buying something with a credit card or making a payment. This is a very good reason you should seek legal counsel before making any payments.

7. File a Countersuit if Your Creditor Violated the Law

Sometimes debt collectors violate the Fair Debt Collection Practices Act (FDCPA) or other consumer protection laws. The Fair Debt Collection Practices Act is a federal law that covers the behavior of third-party debt collectors.

8. Dispute Fraudulent Charges

If someone else illegally made charges on your credit card, you are not responsible. So, if someone steals your card, steals your identity or just rings up a few extra purchases on top of the one you made from them, you are not liable. Of course, should you see this kind of activity, immediately notify your credit card company.

Does your collection firm use debt collectors

In order to assist our collection attorneys and collection lawyers better assist our creditors collect on past due account receivables, our firm also uses debt collectors to make make debt collection phone calls to debtors.

Should You Retain a Florida Collection Agency instead of a Collection Law Firm

A Florida collection agency can be effective in collecting past due accounts. However, a Florida collection agency is not licensed to practice law. A Florida collection agency can send collection letters and make debt collection phone calls. However, a Florida collection agency can not file a lawsuit to collect on past due accounts.

Questions to our Debt Collection Law Firm

Can additional parties be brought into the collection case after a judgment is obtained in Florida?

Can your debt collection law firm collect debts outside of Florida?

Yes, our national network of collection attorneys allows our debt collection firm to be a creditors one stop shop for placing claims for debt collection. We use a vetted group of debt collection attorneys to forward claims to debt collection attorneys located in the geographic vicinity of the debtor.

How long do you have to pay a debt in Florida?

It is important to realize that statutes of limitation on debts do not affect how long they may be listed on your credit report – generally for seven years.

What must a debt collector not do?

What Collectors Must Not Do: In addition to their responsibilities as outlined above, debt collectors also are obligated to refrain from any type of harassment, abuse, or deliberate misleading of debtors.

How long does it take to file a personal injury lawsuit in Florida?

In Florida, the statute of limitations for personal injury based on a car accident is only four years. This is a shorter time frame than debt based off of a written contract. An injured person will have a full four years after the accident to file a lawsuit against you. However, most personal injury lawsuits based on car accidents are filed much ...

What happens if you are sued for a claim that occurred beyond the statute of limitations?

If you are sued for a claim that occurred beyond the statute of limitations period, you could file a motion to dismiss the claim. You will have to point out the applicable statute of limitations timeframe and show that the timeframe has expired.

Why does Florida have a statute of limitations?

The reason why Florida has a statute of limitations for debt is to ensure that legal claims are brought while evidence is readily available. Without a statute of limitations, a creditor would have an unlimited time to bring a lawsuit for any unpaid bills or personal injury claim. The statute of limitations, then, ...

What is the statute of limitations for personal injury?

The statute of limitations for these other types of debt include: Debts for personal injury or property damage (4 years) Unpaid property tax (20 years) Fraud (12 years) Unpaid alimony (no time limit)

How long does a credit card have to be paid in Florida?

The statute of limitations for credit card debt in Florida is five years. Credit card debt is based on a written contract between you and the credit card issuer. Because debts based on written contracts have a statute of limitations for five years, the credit card issuer will have five years from the date of a missed payment to file ...

How long does it take to collect medical bills in Florida?

The statute of limitations for medical debt in Florida is also five years. Although medical debt is very common, Florida statutes to not provide a separate category for collection. A hospital or other medical provider will have five years to file a lawsuit for unpaid medical bills starting from the date of the unpaid invoice or bill.

What is the statute of limitations in ancient Greece?

Even ancient legal systems had a statute of limitations. In ancient Greece, for example, the statute of limitations for debt was five years, just like it is now in Florida.

What is a debt collection lawsuit?

A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

How long does it take to file a lawsuit?

Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.

What is discovery in a lawsuit?

“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.

How to challenge summary judgment?

To challenge a summary judgment motion, you’ll have to file paperwork opposing the motion. If you don’t, you’ll probably lose. Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven't already, if the collector files this kind of motion.

What happens if a collector grants a motion?

If the judge grants the motion, the court will enter a judgment against you without a trial.

What happens if a collector gets a judgment against you?

Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.

What happens if a collector files a summary judgment?

If the judge grants the motion, the court will enter a judgment against you without a trial.

What is the underpinning of the holding that a lawyer has no present right to the fee?

The underpinning of this holding is that where the contingency has not occurred , the lawyer has no present right to the fee. Further, the committee found that a lawyer has an ethical obligation to avoid prejudice to the client’s interests.

What happens when a lawyer is in possession of property?

The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute.

Can a lawyer file a 1099-C?

Finally, a lawyer may not file, or threaten to file, a Form 1099-C in order to induce a client to pay a delinquent fee.

Can a lawyer negotiate a fee dispute?

First, the lawyer may directly negotiate the fee dispute with the client. However, if the client is represented by counsel as to the fee dispute, the lawyer must comply with Rule 4-4.2, the rule regarding communications with represented parties, and communicate with the client’s lawyer. Also, The Florida Bar offers a fee arbitration program aimed ...

Can a lawyer represent a client?

The rule states that a lawyer shall not represent a client if the representation will be “materially limited … by a personal interest of the lawyer.”. Rule 4-1.7 (a) (2). If the representation would be limited in such a way, a conflict exists.

Do lawyers have to remit to clients?

The lawyer is not required to remit to the client funds that the lawyer reasonably believes represent fees owed. However, a lawyer may not hold funds to coerce a client into accepting the lawyer’s contention.

Can a lawyer keep a disputed fee in trust?

Thus, if a client is disputing all or part of the lawyer’s fee, the lawyer must retain the disputed funds in trust and move any undisputed portion to the lawyer’s operating account. However, as the comment suggests, the lawyer may not simply allow the disputed funds to remain in the trust account indefinitely.

Your Rights Under the FDCPA

If you’re being contacted by a debt collector, you have rights under the FDCPA. The FDCPA is a federal law that limits what a debt collector can do while attempting to collect money from you. Most importantly, if a debt collector violates the FDCPA while trying to collect money from you, you can sue them.

How to File a Lawsuit Against Your Debt Collectors

You can file an FDCPA lawsuit in either state or federal court. Consumer protection laws also exist at the state level, so you may consider filing your complaint in state court since they’ll have more experience applying state law. Even if you do file in state court, you’ll still be able to bring your FDCPA claims.

Things That Will Help Set You Up for a Successful Lawsuit

If you’re preparing to sue a debt collection agency for FDCPA violations, there are some important steps you can take to set you up for a successful lawsuit:

Other Ways to Stop Harassment From Debt Collection Agencies

If you don’t want to take direct legal action against the collection agency that’s harassing you, there are other ways to stop them.