Served with a debt collection lawsuit: how to respond
Being served with a debt collection lawsuit starts a clock, usually around 20 days in Florida to file a written response, and missing that deadline can lead to a default judgment even if the debt itself is disputable. A lot of people ignore the summons assuming it will sort itself out or that they can't afford to fight it, which is often the worst outcome since a default judgment can lead to wage garnishment or a bank levy.
Attorneys who handle these cases look at whether the debt is even collectible, whether the collector has proper standing to sue (many of these debts have been sold multiple times), and whether the collector violated the Fair Debt Collection Practices Act in how they pursued the account. Those violations can sometimes turn into a counterclaim rather than just a defense.
If you've been served, the summons and complaint themselves are the starting point for any consultation, along with any account statements or prior collection letters you've kept.
What it costs
Responding to a debt collection lawsuit is typically a narrower, more contained job than a foreclosure defense case, and some consumer protection attorneys take these on a contingency or reduced-fee basis if an FDCPA violation counterclaim is viable. Ask whether the initial answer to the complaint is billed separately from any ongoing litigation if the case doesn't settle quickly.
Top 3 by our score
Ranked from our published scoring of public Google reviews for consumer protection & debt collection defense.
- 1. Benenati Law Firm934.9★ · 1144 reviews
- 2. Tejes Law, PLLC934.9★ · 311 reviews
- 3. Law Office of Alex McClure925.0★ · 224 reviews
FAQ
- How many days do I have to respond to a debt collection lawsuit in Florida?
- Generally around 20 days from being served, though the summons itself will state the exact deadline. Missing it can result in a default judgment against you.
- Can I get sued for a debt that's several years old?
- Possibly, but Florida has a statute of limitations on debt collection lawsuits, and an attorney can check whether the debt is time-barred as a defense.
- What happens if I ignore the lawsuit?
- The collector can likely get a default judgment, which can lead to wage garnishment or a levy on your bank account without any further chance to contest the debt.