If you’ve been served with a lawsuit for unpaid credit card debt, a personal loan, or a collection account in Florida, you’re not alone. Every year, thousands of consumers face legal action from debt buyers, credit card companies, or collection agencies. Fortunately, there are effective legal defenses available to fight these cases. Understanding your rights and the litigation process is essential to protecting yourself.
What Is a Consumer Debt Lawsuit?
A consumer debt lawsuit is a legal action brought against an individual for allegedly failing to repay a debt, usually unsecured, like a credit card or personal loan. These lawsuits are often filed by:
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Original creditors (e.g., major credit card companies),
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Debt buyers (companies that purchase charged-off accounts),
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Collection agencies acting on behalf of creditors.
The plaintiff files a complaint in county or circuit court alleging that you owe money, and they seek a judgment to collect the amount, plus interest, court costs, and attorney fees.
Step 1: Don’t Ignore the Lawsuit
In Florida, once you are served with a complaint, you generally have 20 calendar days to file a response. Ignoring the lawsuit can result in a default judgment against you. That judgment can lead to wage garnishment, bank account levies, and liens on property.
Step 2: Raise Legal Defenses
There are many valid defenses in consumer debt cases. Here are some of the most common:
1. Lack of Standing
Debt buyers must prove they have legal standing to sue you. This means they must show a chain of assignment from the original creditor to the current plaintiff. If the paperwork is incomplete or missing, the plaintiff may not have legal grounds to pursue the case.
2. Statute of Limitations
Florida has a five-year statute of limitations for written contracts. If the debt is older than five years from the last payment or acknowledgment, the case may be time-barred.
3. Improper Service of Process
If you were not properly served under Florida law, the court may lack jurisdiction to proceed with the case. This could be grounds to dismiss the case.
4. Failure to Prove the Debt
The plaintiff must prove:
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You entered into a contract,
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The amount owed,
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That you defaulted,
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And that they own the debt.
Often, debt buyers lack sufficient evidence or affidavits are not admissible due to hearsay or lack of personal knowledge.
5. Identity Theft or Mistaken Identity
If the debt isn’t yours, you may have been a victim of identity theft or misidentification. These are valid defenses that should be promptly raised.
Step 3: Consider Filing a Counterclaim
If the plaintiff or their agents violated your rights under the Fair Debt Collection Practices Act (FDCPA) or Florida Consumer Collection Practices Act (FCCPA)—such as through harassment, misrepresentation, or unlawful threats—you may be entitled to file a counterclaim and recover damages.
Step 4: Seek Legal Help
Defending a debt collection case can be complex. An experienced Florida debt defense attorney can:
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Review the complaint and evidence,
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File timely responses,
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Raise proper defenses,
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Negotiate settlements or payment plans,
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Seek dismissal where appropriate,
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And protect you from wage garnishment or frozen bank accounts.
In many cases, hiring an attorney can help level the playing field—especially when facing well-funded collection firms that file hundreds of lawsuits a month.
Step 5: Know Your Options
Even if you owe the debt, you may be able to:
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Negotiate a settlement for less than the full amount,
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Enter into a payment plan,
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Raise defenses to reduce or eliminate the debt,
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Or pursue bankruptcy protection if necessary.
Every case is different, and the right strategy depends on your individual financial circumstances and legal defenses.
Conclusion
Being sued for consumer debt in Florida is stressful, but you have rights. Don’t assume the creditor will automatically win. With the right legal defenses and guidance, you may be able to dismiss the case, settle it on favorable terms, or reduce the amount you owe. The key is to act quickly and consult with a Florida debt defense lawyer who understands how to challenge these claims in court.
Need help defending a debt lawsuit in Florida? Contact our office today for a free consultation. Let us help you protect your rights and fight back against unfair debt collection practices.
Have you or someone you know been sued? Contact Florida Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
