Dealing With Debt Collectors in Florida (2026)
Reviewed by DocDraft Legal Team · Florida · Last updated August 13, 2026
This page explains how to handle a debt collector in Florida, layering state law on top of the federal Fair Debt Collection Practices Act. Florida sets its own statute of limitations on debt under Fla. Stat. 95.11, with five years for debts founded on a written contract and four years for oral obligations and open accounts. Florida also has its own collection statute, the Florida Consumer Collection Practices Act (Fla. Stat. Chapter 559, Part VI), which reaches original creditors as well as agencies and requires collection agencies to register with the Office of Financial Regulation. Florida's head-of-family exemption (Fla. Stat. 222.11) and its homestead protection sharply limit what a collector can actually take.
What is the statute of limitations on debt in Florida?
Under Fla. Stat. 95.11, a debt founded on a written contract has a five-year limitations period (95.11(2)(b)), while an oral obligation or open account, including many credit card and store accounts, has four years (95.11(4)(j)). Once the period runs, a collector can still ask for payment but cannot win a lawsuit.
Can my wages be garnished for consumer debt in Florida?
Florida strongly protects wages. Under the head-of-family exemption in Fla. Stat. 222.11, if you provide more than half the support of a child or dependent and earn $750 or less per week in disposable earnings, your wages are fully exempt from garnishment unless you signed a specific written waiver.
How do I stop a debt collector from contacting me in Florida?
Send a written cease-communication letter. Under the federal FDCPA (15 U.S.C. 1692c(c)) and the Florida Consumer Collection Practices Act (Fla. Stat. 559, Part VI), a collector must stop contact once it receives your notice, except to confirm it is stopping or to state it may pursue a specific remedy.
What can a debt collector not do in Florida?
Under Fla. Stat. 559.72, a collector cannot harass or abuse you, use threats, contact you at unusual hours, communicate with third parties about your debt, or claim to be a lawyer or government agent. Unlike the FDCPA, these Florida rules also bind original creditors collecting their own debts.
Florida's Consumer Collection Practices Act reaches further than the FDCPA
Florida is one of the states with its own collection statute, the Florida Consumer Collection Practices Act (FCCPA), at Fla. Stat. Chapter 559, Part VI (sections 559.55 through 559.785). A key difference from the federal FDCPA is scope: the FCCPA's list of prohibited practices in Fla. Stat. 559.72 applies to any person collecting a consumer debt, including original creditors such as a bank or medical provider collecting their own accounts, not just third-party agencies. Consumer collection agencies must also register with the Florida Office of Financial Regulation under Fla. Stat. 559.553; original creditors collecting in their own name are exempt from that registration requirement. On garnishment, Florida is a debtor-protective state: the head-of-family exemption in Fla. Stat. 222.11 fully shields the wages of a person who supplies over half a dependent's support and earns $750 or less per week, and Florida's constitutional and statutory homestead exemption protects a primary residence from most judgment creditors. If a collector violates the law, you can complain to the Office of Financial Regulation or the Florida Attorney General's office.
Relevant Laws
Florida Statute of Limitations on Debt, Fla. Stat. 95.11
Sets Florida's limitations periods on debt: five years for an action on a contract, obligation, or liability founded on a written instrument (95.11(2)(b)), and four years for an obligation not founded on a written instrument, including goods sold and store or open accounts (95.11(4)(j)).
Florida Consumer Collection Practices Act, Fla. Stat. Chapter 559, Part VI
Florida's own collection statute (sections 559.55 to 559.785). Section 559.72 bars harassing, deceptive, and unfair collection and, unlike the FDCPA, applies to original creditors; 559.553 requires consumer collection agencies to register with the Office of Financial Regulation; 559.77 creates a private right of action.
Florida Head-of-Family Wage Exemption, Fla. Stat. 222.11
Exempts from garnishment the disposable earnings of a head of family (a person providing more than half the support of a child or dependent) up to $750 per week in full, absent a specific written waiver. Exempt earnings deposited in a bank stay protected for six months if traceable.
Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692-1692p
The federal baseline governing third-party debt collectors. It bars harassment (1692d), false or misleading representations (1692e), and unfair practices (1692f), restricts contact (1692c), and creates the 30-day validation right (1692g). Florida's FCCPA adds protections and reaches original creditors the FDCPA does not.
Regional Variances
Florida statute of limitations on debt, by debt type
Written contract (Fla. Stat. 95.11(2)(b)) - 5 years
An action on a contract, obligation, or liability founded on a written instrument must be brought within five years. This covers debts documented by a signed written agreement, such as many personal loans and some financing contracts.
Promissory note (Fla. Stat. 95.11(2)(b)) - 5 years
A promissory note is a written instrument, so an action to enforce it generally falls under the five-year written-instrument period. Confirm the specific note terms, as an attorney can advise how the period is calculated from default or acceleration.
Oral contract (Fla. Stat. 95.11(4)(j)) - 4 years
An action on a contract, obligation, or liability not founded on a written instrument must be brought within four years. Agreements that are not reduced to a signed writing fall here, giving creditors a shorter window than for written contracts.
Open account / credit card (Fla. Stat. 95.11(4)(j)) - 4 years
The same four-year period covers actions for goods sold and delivered and on store or open accounts. Much revolving credit card debt is treated this way in Florida, though a debt resting on a signed written agreement may instead fall under the five-year period.
Suggested Compliance Checklist
Confirm the Florida limitations period for your debt
Before you pay, settle, or acknowledge the debt days after startingIdentify the debt type and check it against Fla. Stat. 95.11: five years for written contracts (95.11(2)(b)) and four years for oral obligations and open accounts (95.11(4)(j)). In Florida a payment or new written promise can restart the clock, so verify the age of the debt first.
Read the validation notice and diary the 30-day deadline
Within 5 days of first contact days after startingConfirm the collector sent the Regulation F validation notice (12 CFR 1006.34) identifying the creditor, amount, and your dispute rights. Calendar the 30-day window to dispute under 15 U.S.C. 1692g. Also check whether the agency is registered with the Florida OFR under Fla. Stat. 559.553.
Send a written debt validation letter
Within 30 days of receiving the validation notice days after startingIf you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt. Keep proof of mailing.
Send a cease-and-desist letter if you want contact to stop
As soon as you decide to stop contact days after startingUnder 15 U.S.C. 1692c(c) and the FCCPA (Fla. Stat. 559, Part VI), a written cease-communication letter requires the collector, including an original creditor under Florida law, to stop contacting you once received, except to confirm it is stopping or to state a specific remedy.
File a complaint with the Florida OFR or Attorney General if the collector broke the law
Within 1 year of any FDCPA violation days after startingReport a collection agency to the Florida Office of Financial Regulation at flofr.gov/enforcement/submit-a-complaint-or-tip and deceptive collection to the Florida Attorney General at myfloridalegal.com. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly about FDCPA and FCCPA damages.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the Florida limitations period for your debt | Identify the debt type and check it against Fla. Stat. 95.11: five years for written contracts (95.11(2)(b)) and four years for oral obligations and open accounts (95.11(4)(j)). In Florida a payment or new written promise can restart the clock, so verify the age of the debt first. | - | Before you pay, settle, or acknowledge the debt |
| Read the validation notice and diary the 30-day deadline | Confirm the collector sent the Regulation F validation notice (12 CFR 1006.34) identifying the creditor, amount, and your dispute rights. Calendar the 30-day window to dispute under 15 U.S.C. 1692g. Also check whether the agency is registered with the Florida OFR under Fla. Stat. 559.553. | - | Within 5 days of first contact |
| Send a written debt validation letter | If you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt. Keep proof of mailing. | debt-validation-letter | Within 30 days of receiving the validation notice |
| Send a cease-and-desist letter if you want contact to stop | Under 15 U.S.C. 1692c(c) and the FCCPA (Fla. Stat. 559, Part VI), a written cease-communication letter requires the collector, including an original creditor under Florida law, to stop contacting you once received, except to confirm it is stopping or to state a specific remedy. | cease-and-desist-letter | As soon as you decide to stop contact |
| File a complaint with the Florida OFR or Attorney General if the collector broke the law | Report a collection agency to the Florida Office of Financial Regulation at flofr.gov/enforcement/submit-a-complaint-or-tip and deceptive collection to the Florida Attorney General at myfloridalegal.com. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly about FDCPA and FCCPA damages. | - | Within 1 year of any FDCPA violation |
Frequently Asked Questions
Most credit card debt in Florida is treated as an open account or an obligation not founded on a signed written instrument, so the four-year limitations period under Fla. Stat. 95.11(4)(j) usually applies. If the account rests on a signed written contract, the five-year period under 95.11(2)(b) can apply instead. An attorney can review your paperwork to determine which fits.
Yes. Unlike the federal FDCPA, which generally covers only third-party collectors, the prohibited practices in Fla. Stat. 559.72 apply to any person collecting a consumer debt in Florida, including an original creditor like a bank, hospital, or lender collecting its own account. That gives Florida consumers a claim against some creditors the FDCPA would not reach.
Often no. Under the head-of-family exemption in Fla. Stat. 222.11, disposable earnings of $750 or less per week are fully exempt for a person who provides more than half the support of a child or dependent, unless that person signed a specific written waiver. Above $750 per week, garnishment is limited by the federal Consumer Credit Protection Act (15 U.S.C. 1673).
Consumer collection agencies must register with the Florida Office of Financial Regulation under Fla. Stat. 559.553 before collecting consumer debts in Florida. Original creditors collecting their own debts in their own name are exempt from that registration requirement. You can check registration status or file a complaint through the OFR at flofr.gov.
Yes. You may sue under the federal FDCPA (15 U.S.C. 1692k), generally within one year, for actual damages, statutory damages up to $1,000, and attorney's fees. You may also sue under the Florida Consumer Collection Practices Act (Fla. Stat. 559.77), which allows actual damages, statutory damages, and fees. An attorney can help you evaluate both.
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