Defending Against a Debt Collection Lawsuit

Attorney Answer

A lawsuit has already been filed against you, so the most urgent priority is Florida's strict deadline to file a written response — generally about 20 days from service — or the debt buyer can obtain a default judgment and garnish your wages or bank account.

Under Florida Rules of Civil Procedure § 1.140, a defendant must generally serve a written response within 20 days after service of process, unless a statute sets a different time; missing it risks a default judgment. Check your summons now for your exact service date and response deadline, since the record here doesn't establish when — or whether — service has occurred.

Once the deadline is handled, other defenses may apply. Florida Statutes § 95.11 sets a five-year limit for written contracts and four years for oral contracts; an older debt may raise a statute-of-limitations defense, though it's one option, not the first action item. The plaintiff is a debt buyer that purchased rather than originated the debt, and such companies often cannot prove chain of title — challenging their standing to sue is frequently worth raising. Florida Statutes § 559.72 also bars collectors from harassment, threats, or deceptive practices, relevant if you've experienced any of that.

What you can do:

1. Find your summons and confirm the exact response deadline today.

2. File a timely written response to avoid a default judgment.

3. Raise the debt buyer's lack of proof of ownership as a potential defense.

4. Consult a local Florida attorney promptly to confirm your deadline and evaluate available defenses.

⏱ Time limits apply. A collection lawsuit is already pending, and Florida procedure generally requires a written response within about 20 days of service or the collector can seek a default judgment. Have a local attorney review your summons promptly to confirm your exact deadline.