If a customer or business partner owes you money in Florida, you have legal rights, but exercising them effectively requires understanding the rules. Florida debt collection law combines federal statutes, state statutes, and court-interpreted precedent. This guide covers the key laws governing debt collection in Florida and when the right move is to hire a licensed Florida collection agency.
Debt collection in Florida is governed by two parallel legal frameworks. Both apply to businesses trying to recover unpaid accounts.
The FDCPA regulates how third-party collectors can communicate with and collect from consumers. It restricts calling hours (8 a.m. to 9 p.m.), prohibits harassment and false representations, limits third-party contact, and requires compliance with cease-communication requests. The FDCPA applies to consumer debt only, not commercial debt between businesses.
Florida's FCCPA, Chapter 559 of the Florida Statutes, goes beyond the FDCPA. It covers both original creditors and third-party collectors. Willful violations can result in statutory damages up to $1,000 per violation plus attorney's fees. Consumers have a private right of action to sue. Florida businesses that attempt to collect their own overdue accounts are subject to the FCCPA.
Florida law places time limits on how long a creditor can file a lawsuit to collect a debt. After the deadline expires, the debtor can use it as a defense in court.
| Debt Type | Limitation Period |
|---|---|
| Written contracts | 5 years |
| Open accounts | 4 years |
| Oral contracts | 4 years |
| Judgments | 20 years (renewable) |
The clock starts from the date of the last payment or the date the debt was incurred. Partial payments can reset the clock. If you are unsure whether a debt is within the limitation period, contact HF Holdings at (877) 680-6064.
A money judgment in Florida is valid for 20 years and can be renewed. Enforcing one requires navigating Florida's exemption framework.
Florida law allows judgment creditors to pursue bank account levies, wage garnishment (subject to exemptions), personal property liens, real property liens against non-homestead property, and business asset seizure.
Florida has some of the strongest debtor protections in the country. Homestead property is exempt from forced sale regardless of value. Head-of-household wages are 100% exempt from garnishment. Retirement accounts, life insurance cash value, disability income, and Social Security are all fully exempt. However, bank accounts, investment properties, and business assets are often reachable.
Florida judgments accrue interest at a statutory rate set annually by the Florida Department of Financial Services, based on the federal funds rate plus 500 basis points. Unpaid judgments grow substantially over time, which can motivate settlement.
Florida Statute 68.065 gives creditors a civil remedy for dishonored checks. After a proper written demand, a creditor can recover the face amount, service charges, and up to triple damages if payment is not made within 30 days. The demand must follow statutory requirements. HF Holdings handles this process for Florida clients pursuing bad check recovery.
Consider placing an account when it is 60 to 90 days past due, when contact information has gone stale, when the debtor has disputed the account, when you have a judgment that needs enforcement, when the balance justifies professional handling, or when the statute of limitations is approaching.
Professional skip tracing can locate debtors who have moved or changed their contact information. For accounts with existing court judgments, judgment enforcement through a licensed agency ensures proper legal procedures are followed.
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Yes. Florida's Consumer Collection Practices Act (FCCPA), Chapter 559 of the Florida Statutes, applies to both original creditors and third-party collectors. Unlike the federal FDCPA which only governs third-party collectors, the FCCPA can apply when a business tries to collect its own debt directly. Violations can result in statutory damages of up to $1,000 per violation plus attorney's fees.
Florida's statute of limitations for written contracts, which covers most business debts, is five years from the date of the last payment or breach. For open accounts like credit cards, the period is four years. Once the statute of limitations expires, the debtor can use it as a complete defense in court, which is why early collection action matters.
Only under limited circumstances. Florida provides a complete head-of-household wage exemption that protects 100% of the wages of a person who provides more than half the support for a dependent. This applies to a large portion of the working population. However, wages above $750 per week may still be reachable for non-head-of-household debtors, and other assets like bank accounts are generally not protected by this exemption.
Yes. Florida's homestead exemption is one of the broadest in the country. A debtor's primary residence is protected from forced sale regardless of its value. This does not apply to investment properties, rental properties, or commercial real estate owned by the debtor.
Florida judgments are valid for 20 years from the date they are entered. They can be renewed before expiration. Florida judgments also accrue interest at a statutory rate set annually by the Florida Department of Financial Services, which compounds the value of the judgment over time.
Willful violations of the FCCPA can result in actual damages, statutory damages up to $1,000 per violation, court costs, and attorney's fees paid to the consumer's lawyer. Class action exposure exists for businesses that engage in systematic violations. This is one reason why hiring a licensed, compliant collection agency is typically safer than self-collecting delinquent accounts.
Yes. Collection agencies operating in Florida must be registered with the Florida Office of Financial Regulation (OFR). Consumers and businesses can verify a collection agency's Florida license status through the OFR's online registry.
Florida Statute 68.065 allows creditors to recover the face amount of a dishonored check plus service charges and up to triple damages if the check writer does not pay within 30 days of a proper written demand. The demand letter must meet specific statutory requirements. HF Holdings handles the bad check demand process for Florida clients.