What Happens When You Get Served Papers for Debt in Florida

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Being served with a lawsuit by a debt collector in Florida can be overwhelming and stressful. But don’t panic—understanding your rights, responsibilities, and what comes next can make all the difference.

When a creditor sues you for a debt, the lawsuit officially begins with service of process. Under Florida Rule of Civil Procedure 1.070, service of process involves the formal delivery of a summons and complaint. This must be done by a sheriff or private process server authorized by the court.

You may be served:

In person (at home, work, or elsewhere)
By substitute service (to another adult in your household)
By publication (only in rare cases, like if you’re avoiding service or can’t be located)

Once served, the clock starts ticking.

Toll Free: 800-220-4318

Time to Respond: You Have 20 Days

According to Florida Rule 1.140(a), once you are served, you have 20 days to file a written answer with the court. This deadline is strict—missing it can result in a default judgment, meaning the court could automatically rule against you for the full amount claimed.

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 Should Be in Your Answer?

Your answer is your official written response to the lawsuit. It should:

Admit or deny each allegation in the complaint.
Raise any affirmative defenses (like statute of limitations, mistaken identity).

A well-crafted answer requires legal knowledge—what you include (or don’t) can make or break your case.

You must respond to each paragraph admitting or denying each allegation.

The Legal Process: Hearings, Conferences, and Trial

Filing an answer is just the beginning. Once your case is active:

You may be scheduled for pretrial conferences under Rule 1.200. These are court meetings where both sides appear to explore settlement, define issues, and set deadlines.
Discovery begins. Both parties exchange evidence.
If no settlement is reached, the case proceeds to trial.

During this time, you must attend all scheduled hearings or risk losing your case. Judges take no-shows seriously.

Trial: The Final Showdown

If your case reaches trial, a judge will hear evidence from both sides and decide if you owe the debt and how much. Trials involve strict rules of evidence and procedure, which is why having an experienced attorney matters.

If the debt collector gets a final judgment, they can:

Garnish your wages (up to 25% of disposable earnings)
Levy your bank account
Place a lien on your non exempt property
potentially report the judgment to credit bureaus

This can seriously damage your financial future and credit standing.

Possible Defenses You Might Raise

Common defenses in Florida debt lawsuits include:

Statute of limitations
Lack of standing (the collector can’t prove they own the debt)
Invalid or inflated amounts claimed
Identity theft or mistaken identity

These defenses can be powerful—but only if properly raised and supported by evidence.

Why You Should Hire Weston Legal

At Weston Legal, we’ve defended thousands of consumers across Florida against debt collection lawsuits. Here’s why working with us makes sense:

Flat Fees – No hourly billing surprises.
Payment Plans – We work with your budget.
Experienced Attorneys – We know the defenses that work and how to fight back.
Full Representation – We handle the case from start to finish so you don’t have to worry about court appearances or legal filings.

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.