Collection Agency Lawsuit in Florida

Clients Helped

48000 +

Cases Defended

75000 +

5 Star Reviews

950 +

If you’ve been served with a collection agency lawsuit in Florida, you may feel panicked, confused, or even tempted to ignore it. Don’t.

Failing to respond can have serious financial consequences — including bank levies, and damage to your credit. But the good news? You have legal rights and options to fight back.

Toll Free: 800-220-4318

📞 What Is a Collection Agency?

A collection agency is typically hired by the original creditor (like a credit card company or hospital) to collect an unpaid debt. These agencies do not own the debt—they’re just trying to pressure you into paying it, usually through calls and letters.

They generally do not have the power to sue you and are only hired to make calls or send letters.

Their job is to collect what’s owed—but once they fail, the account often gets escalated to someone who can sue.

Pro Tip: Be sure to check to see if it’s a law firm calling you or sending you letters, if so, this is not a collection agency and instead a firm who may be preparing a lawsuit.

⚖️ Who Actually Sues You?

This is where things get serious. If a debt goes unpaid long enough, the creditor may:

Sell your debt to a debt buyer (like Midland Credit Management, Portfolio Recovery, etc.)
Hire a law firm that files lawsuits on behalf of either the original creditor or the debt buyer.

Both debt buyers and their lawyers can and do file lawsuits in Florida courts.

So even if the letter came from a collection agency, the actual lawsuit will usually be filed by a different party entirely—one that owns the debt or is representing someone who does.

In many cases, the original creditor (like a bank or credit card company) has sold the debt to a third-party debt buyer, such as Midland Credit Management, Portfolio Recovery Associates, or LVNV Funding.

Other times they are original creditors like Chase, Bank of America, American Express or Capital One.

📂 What Happens When You’re Sued in Florida?

A collection lawsuit in Florida follows a very specific legal process:

You’re Served with a Summons & Complaint

This is official court paperwork telling you that you’re being sued.
The Complaint will name the plaintiff (debt buyer or creditor) and detail the debt.

You Have 20 Days to Respond

Under Florida Rule of Civil Procedure 1.140, you must file a written Answer or responsive pleading within 20 calendar days of being served.
If you do not respond, the court may enter a default judgment against you (Rule 1.500).

🚨 What Happens If You Ignore the Lawsuit?

If you do nothing, the consequences can be serious and long-lasting:

Default Judgment: The plaintiff can win automatically.
Wage Garnishment: Florida allows garnishment of wages if a judgment is entered.
Bank Account Seizure: The creditor may freeze or seize funds from your accounts.
Liens on Property: They can attach a lien to your home or real estate.

And worst of all, you lose your chance to dispute or negotiate the debt.

🛡️ What Should You Do If You’re Sued?

Don’t Ignore It – You only have 20 days to respond.
Review the Complaint – Make sure the debt is valid and not too old (check if it’s beyond the statute of limitations).
Consult an Attorney – Many Florida consumer lawyers offer free consultations for debt defense.
File a Response – Even a simple denial puts the burden back on the plaintiff to prove the case.
Consider Negotiation or Settlement – But only after confirming the debt is legitimate.

Can You Settle a Collection Lawsuit?

Yes. Once you respond, you can negotiate:

A lump-sum payment for less than the full amount
A payment plan usually requiring an agreed judgment to be filed with the Court
Dismissal of the lawsuit with prejudice (if settled for a lump sum)
Removal of negative reporting from your credit

👉 Tip: Always get settlements in writing, and never agree to anything before reviewing the terms.

Final Thoughts

In Florida, collection agencies are often the first warning sign of a debt problem. But it’s not until a debt buyer or law firm sues you that legal consequences start.

If you’re being sued for a debt in Florida, you have rights—but doing nothing is the worst thing you can do.

Mike Weston, Esq.

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.