Responding to a Florida Credit Card Lawsuit
- Author: Mike Weston
- Last Modified: September 7, 2025
Getting sued for credit card debt in Florida can be overwhelming, but ignoring it will only make matters worse. If you’ve been served with a lawsuit, you have a limited time to respond, and your actions in the early stages can greatly impact the outcome of the case.
In Florida, you typically have just 20 days to file a written response (called an ‘Answer’) with the court. This article explains how to respond, what to include in your answer, and why timing and strategy are essential to protecting your rights.
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Table of Contents
🔑 Understanding the Summons and Complaint
When you’re sued for debt, you’ll receive two important documents:
A Summons, which notifies you that you’re being sued and tells you how long you have to respond.
A Complaint, which outlines the allegations against you, such as the amount of debt owed, the creditor’s name, and the legal basis for the lawsuit.
Take these documents seriously. The clock starts ticking from the day you are officially served — not when you find out about the lawsuit.
⏰ Florida's 20-Day Deadline to Respond
Under Florida law, you have 20 calendar days from the date you’re served to file your Answer. If you miss this deadline, the creditor can ask the court for a default judgment, which gives them legal power to:
Garnish your wages (with limited exemptions)
Seize funds in your bank account
Place liens on your non-exempt property
This makes it essential to act quickly.
📄 What to Include in Your Answer
Your Answer is your official response to the lawsuit. In it, you must:
Admit or deny each allegation in the complaint.
Raise any affirmative defenses (such as statute of limitations, payment, or mistaken identity).
Include your contact information and the case number.
File the Answer with the court and send a copy to the plaintiff or their attorney.
Do not ignore the lawsuit just because you think you don’t owe the debt. If you believe the debt buyer can’t prove the debt, say so in your Answer.
🤹 Common Defenses in Credit Card Lawsuits
Many debt lawsuits are filed by debt buyers like Midland Credit Management, Portfolio Recovery Associates, LVNV Funding LLC, or Calvary SPV I. These companies purchase old debts from original creditors and often file lawsuits with limited documentation.
Potential defenses include:
Lack of standing (they can’t prove they own the debt)
Expired statute of limitations (in Florida, usually 5 years for written contracts)
No signed contract
Incorrect amount claimed
The burden of proof is on the creditor. They must prove the case by a preponderance of the evidence. That means showing it’s more likely than not that the debt is valid and they are the rightful owner.
🤔 Should You Use a Form Answer?
Florida courts don’t provide a universal form for answering debt lawsuits, and generic Answer templates may not include all possible defenses. Filing a weak Answer can limit your defense later.
Consider including:
Specific denials of key allegations
Detailed affirmative defenses
Requests for proof or documentation
Better yet, consider speaking with a debt relief attorney to draft your Answer.
🏛️ Why Legal Help Matters
An experienced attorney can:
Help you file your Answer correctly and on time
Identify legal defenses you may not be aware of
Challenge debt buyer documentation
Negotiate a settlement or even get the case dismissed
For example, if Velocity Investments or Jefferson Capital Systems sues you without proper proof of ownership, an attorney may be able to get the case thrown out.
💸 What Happens If You Ignore the Lawsuit
If you fail to respond within 20 days:
A default judgment can be entered against you
Interest begins accruing (post-judgment interest)
Your wages and bank accounts become targets for garnishment
Judgments can stay on your credit for up to 20 years in Florida if renewed. Ignoring the lawsuit makes everything worse.
🔹 Creditors Who Commonly Sue in Florida
Both original creditors and debt buyers file lawsuits. Original creditors include:
Debt buyers often file lawsuits in bulk and may lack adequate proof.
✅ Conclusion and Final Thoughts
Responding to a Florida credit card lawsuit within 20 days is essential. If you file a strong Answer, you force the creditor to prove their case. If they can’t, you may be able to win or settle for far less.
Don’t wait. Read your summons, prepare your Answer carefully, and consult a debt relief attorney if possible. The earlier you act, the better your chances of protecting your income and avoiding a judgment.
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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