Can You Be Sued for Credit Card Debt in Florida?
- Author: Mike Weston
- Last Modified: September 7, 2025
Yes, you absolutely can be sued for credit card debt in Florida. Credit card companies and debt buyers regularly file lawsuits to collect unpaid balances. If you’ve fallen behind on payments, a lawsuit might already be on its way. Understanding how these lawsuits work and what rights you have can help you take control before a judgment is entered against you.
Florida law allows both original creditors and debt buyers to sue you for unpaid debts, often in county civil or small claims court depending on the amount owed. Once sued, you must respond quickly, or you risk serious financial consequences like garnishment or frozen bank accounts.
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Table of Contents
🔹 Who Can Sue You for Credit Card Debt?
Two main types of entities can sue you:
Original Creditors — These are the companies you originally opened the credit card with. Examples include:
Debt Buyers — These companies purchase delinquent credit card accounts and file lawsuits in bulk. Common debt buyers include:
⏰ How Long Do They Have to Sue You?
In Florida, the statute of limitations for credit card debt is generally five years from the date of your last payment. If a creditor sues after that time, you can raise the expired statute of limitations as a defense.
However, if you make a payment or acknowledge the debt, the clock could restart. Debt buyers often file suits right before the deadline, hoping you won’t fight back.
❗ What Happens If You’re Sued
When you’re sued for credit card debt in Florida, you will be served with a Summons and Complaint. This officially notifies you of the lawsuit and explains the creditor’s claims.
You have 20 days from the date of service to file an Answer with the court. If you fail to respond, the creditor can request a default judgment, which allows them to:
Garnish your wages
Freeze your bank accounts
Add interest and legal fees
Once a judgment is entered, post-judgment interest starts accruing, and the debt continues to grow
🔒 Can They Garnish Wages or Bank Accounts?
Yes. If a creditor wins a judgment, they can seek wage garnishment, unless you’re protected under Florida’s Head of Household exemption. They can also file a writ of garnishment to freeze and take money from your bank account.
That includes deposits like your tax refund if it mixes with other funds in your account. Even if a debt collector can’t seize your refund directly, once it hits your account, it may be vulnerable.
🤝 How to Respond to a Debt Lawsuit
You must file a formal Answer to the lawsuit with the court. Your Answer should:
Admit or deny the allegations
Raise any legal defenses (such as expired statute of limitations or lack of proof)
Be sent to both the court and the creditor’s attorney
Do not ignore the lawsuit. You can win if the creditor can’t prove their case, especially if they lack original documents or proof of assignment.
💼 Why Debt Relief Attorneys Are Valuable
An attorney can:
Review the lawsuit
Identify your best defenses
File a strong legal response
Potentially negotiate a better outcome or get the case dismissed
Debt buyers often lack solid documentation or can’t prove they own the debt. Attorneys know how to challenge these weaknesses in court.
⚠️ What Not to Do
Don’t ignore the lawsuit
Don’t assume the debt buyer has everything they need to win
Don’t send money without understanding your rights
Don’t wait until your bank account is frozen to take action
Judgments are serious. They can last up to 20 years in Florida if renewed, and they often come with steep financial consequences.
✅ Conclusion and Final Thoughts
Yes, you can be sued for credit card debt in Florida. If you are served, don’t ignore it. You have legal rights and options, but they only work if you act. File a timely Answer, challenge the lawsuit, and consider legal help if you’re unsure how to proceed.
Debt lawsuits are winnable, especially when creditors lack proper evidence. But if you do nothing, a judgment will likely follow — and with it, wage garnishment, frozen bank accounts, and growing debt.
Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.
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