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Florida Debt Collection Laws

How long a creditor can sue you in Florida, the head-of-family wage protection, and what the Florida Consumer Collection Practices Act bans.

Last updated September 24, 2026 · Every rule linked to the Florida or federal law it comes from

What's new: First published: statute limits, wage garnishment rules and collector protections, each checked against the linked law.

Quick facts Time limits Wage garnishment What collectors can't do What to do Free help Sources

Florida debt rules at a glance

The key numbers. Details and the exact law are below.

Written contracts

5 years

Fla. Stat. § 95.11(2)(b)

Oral agreements

4 years

Fla. Stat. § 95.11(3)(j)

Head of family wages

Protected up to $750/week

Above $750/week too, unless you signed a waiver. Fla. Stat. § 222.11

Collector calls

Not 9 p.m. - 8 a.m.

Fla. Stat. § 559.72(17)

Reviewer credit coming soon. This page was researched and checked against the linked primary sources by the Financialist editorial team.

How long can a creditor sue you in Florida?

5 years for written contracts

An action on a contract, obligation or liability founded on a written instrument must be brought within five years.

Fla. Stat. § 95.11(2)(b) · read the law

4 years for oral agreements

An action on a contract, obligation or liability not founded on a written instrument must be brought within four years.

Fla. Stat. § 95.11(3)(j) · read the law

Which applies to credit cards?

Whether a credit card debt counts as written or oral depends on the card agreement and on court decisions. Ask legal aid if a lawsuit is close to either deadline.

Fla. Stat. § 95.11 · read the law

How much of your paycheck can be garnished?

Head of family: strong protection

If you provide more than half the support for a child or other dependent, all of your disposable earnings are exempt when they are $750 a week or less. Above $750 a week, your earnings still can't be garnished unless you signed a separate written waiver in the required form.

Fla. Stat. § 222.11(2)(a)-(b) · read the law

Everyone else: the federal cap

If you are not a head of family, garnishment can't exceed the federal limit: the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum wage.

Fla. Stat. § 222.11(2)(c); 15 U.S.C. § 1673 · read the law

What debt collectors can't do in Florida

Florida Consumer Collection Practices Act

Anyone collecting a consumer debt in Florida may not, among other things: contact you between 9 p.m. and 8 a.m. without consent, contact your employer before a final judgment (unless you gave written permission or acknowledged the debt in writing after it went to collection), harass or threaten you, use profane language, pretend to be a lawyer or a government agency, or contact you directly when they know you have a lawyer.

Fla. Stat. § 559.72 · read the law

Collectors can't sue on expired debt

Under the federal debt collection rule (Regulation F), a debt collector must not bring or threaten to bring a lawsuit to collect a time-barred debt, meaning a debt whose statute of limitations has run out.

12 CFR § 1006.26(b) · read the rule

When a debt collector contacts you

A practical order of operations.

Don't pay or promise anything on the first call

Ask for the collector's name, company, mailing address and the amount they claim. In some states a payment or promise can affect an old debt, so check the rules above first.

Ask for validation in writing

Federal law gives you the right to a validation notice listing the debt, the creditor and your right to dispute. Dispute in writing within the validation period if the debt isn't yours or the amount is wrong.

Check the date of your last payment

Compare it with your state's time limit above. If the time limit has passed, a collector may not sue or threaten to sue you.

Never ignore a lawsuit

If you are served with court papers, respond by the deadline, even on an old debt. Being out of time is usually a defense you have to raise in court. Legal aid can help.

Report abuse

Threats, harassment and calls at odd hours break federal and state law. File complaints with your state regulator and the CFPB (links below).

Free help in Florida

Government complaint lines and nonprofit counseling. Be wary of anyone who charges upfront fees to settle debt.

Florida Attorney General

File a consumer complaint: myfloridalegal.com

CFPB complaint

File a complaint about a debt collector with the Consumer Financial Protection Bureau: consumerfinance.gov/complaint

Nonprofit credit counseling

Find an NFCC member agency: NFCC agency finder. If you are considering bankruptcy, use an agency on the U.S. Trustee approved list.

Links checked September 24, 2026.

Sources

Every rule on this page comes from these laws and official resources, checked on September 24, 2026. Read the current text before you act.

Primary sources

Debt collection laws in other states →

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