How to Get a Credit Card Lawsuit Dismissed in Florida

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Are you being sued by a credit card company in Florida? You’re not alone — and you may have more options than you think.

Sometimes you may be able to get a credit card lawsuits dismissed using the right legal strategies and defenses.

More often than not settlement is the best route however to avoid the risk of a judgment at trial or summary judgment.

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📝 Step 1: Don’t Ignore the Lawsuit

The worst thing you can do is ignore the lawsuit. In Florida, once you are served with a credit card complaint, you typically have 20 days to file a written response. If you fail to respond, the court can issue a default judgment against you — meaning the creditor wins automatically.

📝 Step 2: Analyze the Complaint for Legal Defects

The creditor (or more often, a debt buyer) must prove certain things to win the case:
- You owe the debt
- The amount they’re suing for is accurate
- They have the legal right to sue you (called “standing”)

📝 Step 3: Assert Your Affirmative Defenses

Even if the complaint appears valid, you may have strong legal defenses that can lead to dismissal. Common defenses in Florida credit card lawsuits include:

Statute of Limitations: Florida’s statute of limitations for credit card debt is usually 4 to 5 years. If the creditor waited too long to sue, you can move to dismiss.
Incorrect Amounts or Identity: If the debt isn’t yours or the balance is wrong, the creditor might not be able to prove their case.
Previous disputes: If you previously disputed your debt or the amount with your credit card company you may have defenses to the lawsuit.

📝Step 4: Demand Evidence in Discovery

Under the Florida Rules of Civil Procedure, you can request:

A copy of the card agreement.
Your payment history
Records showing chain of assignment (if a debt buyer is suing)
Any correspondence or billing statements

*Important. The creditor will likely object to the production of all of the documents and also they are not required to produce everytihng in order to prove their case. Many people believe their will win their case because the creditor did not produce their signature, this is not a requirement most of the time.

📚 Step 5: Challenge the Plaintiff at Trial (If Necessary)

Many credit card lawsuits settle prior to trial but if you move forward the Plaintiff will typically produce documents that show the following:

You entered into the agreement
The charges and interest are accurate
They own the debt

Can You Settle or Negotiate?

Yes — settlement is often the best solution to avoid the risk of a trial or a judgment that can last 20 years.

If a creditor wins a debt lawsuit against you and obtains a judgment, the rules change.

A Florida judgment is valid for 20 years from the date it is entered.
The creditor can renew or enforce the judgment within that time through wage garnishment, bank levies, or liens on property.

Additionally, a judgment lien on real property is valid for 10 years, but it can be re-recorded to extend its enforceability, so long as it remains within the 20-year life of the judgment.

This means that even if the original debt was small, a judgment can grow due to interest, court costs, and attorney fees — and can follow you for decades.

If you are being sued for debt in Florida or you already have a judgment, contact us at Weston Legal to see if we can help.

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.