GetDebtRelief Get debt reliefGet help

Debt relief in Florida: collection rules, time limits and your options

Updated November 9, 2026

Florida at a glance (checked November 2026)

Florida
Time limit to sue on credit cards and other written contracts 5 years
Oral agreements and open accounts 4 years
Wage garnishment for consumer debt Head of family: protected in most cases; everyone else: up to 25%
State debt collection law Florida Consumer Collection Practices Act, which covers original creditors too
Who registers debt collectors Office of Financial Regulation
Where to complain Office of Financial Regulation, Florida Attorney General, and the CFPB

Debt collection rules in Florida

Florida's Consumer Collection Practices Act (Fla. Stat. §§ 559.55 to 559.785) applies to anyone collecting a consumer debt, including the original lender, not just collection agencies. No one collecting a debt can call you between 9 p.m. and 8 a.m. without your permission, harass you or your family, or claim a debt is valid when they know it isn't. Before getting a judgment, they can't contact your employer unless you've agreed in writing. If a collector or creditor breaks these rules, you can sue for your actual losses plus up to $1,000 in extra damages and your attorney's fees (§ 559.77).

Consumer collection agencies must register with the Florida Office of Financial Regulation every year (§ 559.553), and you can look one up on the Office's license search. The federal Fair Debt Collection Practices Act applies to third-party collectors as well, including the validation notice and your right to dispute the debt in writing within 30 days.

How long creditors have to sue

  • 5 years for written contracts, which usually covers credit cards when the lender can produce your agreement (Fla. Stat. § 95.11(2)(b)).
  • 4 years for oral agreements and open accounts (§ 95.11(3)).

The clock usually starts with the first missed payment you didn't catch up. A payment, or a signed written promise to pay, can restart it, so check how old a debt is before you pay anything on it.

Don't ignore a lawsuit. If a creditor wins a judgment, it can be enforced for up to 20 years.

What can be garnished in Florida

Florida protects a head of family better than almost any state. That means anyone who provides more than half the support for a child or other dependent. If your take-home pay is $750 a week or less, none of it can be garnished. If it's more than $750, it still can't be garnished unless you signed a specific written agreement allowing it (Fla. Stat. § 222.11). You have to claim the exemption, so file the claim form that comes with the garnishment papers right away. If you aren't a head of family, the federal limit applies: up to 25% of take-home pay.

Florida's homestead protection is just as unusual. The home you live in is protected from most creditors no matter what it's worth, up to half an acre in a city or 160 acres outside one (Florida Constitution, Article X, Section 4). It doesn't protect against the loan secured by the home itself or against property taxes. That's one reason to think hard before turning card debt into a home equity loan: card companies can't take your home, but the new lender could.

Ways out of debt in Florida

  • Nonprofit credit counseling can combine your card payments into one debt management plan, usually at lower rates. Look for an agency accredited by the NFCC or FCAA.
  • Before you apply for a consolidation loan, check your ratio with our debt-to-income calculator. Lenders look at that number closely.
  • Debt settlement companies can't charge you a fee until they've actually settled a debt, under federal rules. Forgiven amounts can count as taxable income.
  • Bankruptcy: Florida makes you use its own exemption list, not the federal one. The homestead protection carries into bankruptcy, though federal law can cap it for a home bought within about 40 months before filing.

Where to get help or complain

General information about Florida law, not legal advice. Checked November 2026.