Florida Debt Collection Laws: Time Limits, Garnishment and Your Rights
Florida debt rules: statute of limitations, wage garnishment limits, protected bank and home exemptions, judgments, collector rules and how to answer a debt lawsuit.
Quick answers for Florida
- Time limit to sue on a written contract
- 5 years for an action on a contract, obligation or liability founded on a written instrument. Fla. Stat. § 95.11(2)(b)
- Wage garnishment limit
- A head of family (someone providing more than half the support of a child or other dependent) has all disposable earnings of $750 a week or less fully protected. Fla. Stat. § 222.11(2)
- Money protected in a bank account
- No general bank account exemption. A head of family's exempt wages stay exempt for 6 months after being deposited, if they can be traced. Fla. Stat. §§ 222.11(3), 222.25(4); Fla. Const. art. X, § 4(a)(2)
- Answering a debt lawsuit
- Debt claims up to $8,000 are usually small claims cases in County Court. A written answer is not usually required unless the court orders it, but the defendant must appear (in person, by counsel or by approved remote technology) at the pretrial conference. Fla. Sm. Cl. R. 7.090(a), (c); Fla. Sm. Cl. R. 7.010(b)
Last verified: 2026-10-26
Time limits
| Time limit to sue on a written contract | 5 years for an action on a contract, obligation or liability founded on a written instrument. Source: Fla. Stat. § 95.11(2)(b) |
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| Time limit for credit cards and open accounts | 4 years for a contract, obligation or liability not founded on a written instrument, including store accounts. An action to collect medical debt for services at a licensed hospital or other facility has 3 years, counted from when the facility refers the debt to a third party for collection. Source: Fla. Stat. § 95.11(3)(j), (4) |
| Can a payment restart the clock? | An acknowledgment of, or promise to pay, a debt that is already time-barred must be in writing and signed by the debtor to be enforceable. The statute does not address the effect of a partial payment made before the period runs. Source: Fla. Stat. § 95.04 |
| How long a judgment lasts | No judgment can be a lien on property after 20 years from entry, and an action on a Florida court-of-record judgment must be brought within 20 years. A judgment lien on real estate lasts 10 years from recording a certified copy and can be extended once for another 10 years by re-recording with an address affidavit before it expires. § 55.10: https://www.flsenate.gov/Laws/Statutes/2026/55.10 |
If you are sued
| Answering a debt lawsuit | Debt claims up to $8,000 are usually small claims cases in County Court. A written answer is not usually required unless the court orders it, but the defendant must appear (in person, by counsel or by approved remote technology) at the pretrial conference. Missing it can lead to a default judgment. |
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Garnishment and what creditors can't take
| Wage garnishment limit | A head of family (someone providing more than half the support of a child or other dependent) has all disposable earnings of $750 a week or less fully protected. Earnings above $750 a week cannot be garnished either, unless the person signed a separate written waiver in the required form, and even then only up to the federal limit. For others, the federal limit applies (no more than 25% of disposable earnings). Source: Fla. Stat. § 222.11(2) |
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| Money protected in a bank account | No general bank account exemption. A head of family's exempt wages stay exempt for 6 months after being deposited, if they can be traced. A debtor who does not claim the homestead exemption may protect up to $4,000 of personal property, which can include money. The Florida Constitution also protects $1,000 of personal property. § 222.11: https://www.flsenate.gov/Laws/Statutes/2026/222.11 |
| Homestead exemption | No dollar limit. A homestead is protected from forced sale based on size: up to 160 contiguous acres outside a city, or up to one-half acre inside a city. The protection does not apply to taxes, the mortgage or other debts to buy or improve the home, or labor performed on it. Source: Fla. Const. art. X, § 4(a)(1) |
| Vehicle exemption | Up to $5,000 in value in a single motor vehicle. Increased from $1,000 by ch. 2024-110, Laws of Florida. Source: Fla. Stat. § 222.25(1) |
| Claiming an exemption | A writ of garnishment against an individual comes with a 'Notice to Defendant' and a Claim of Exemption and Request for Hearing form. To protect exempt wages or money, the debtor fills out the form, has it notarized, and files it with the clerk within 20 days after receiving the notice. A copy goes to the creditor and the garnishee (bank or employer). The creditor then has 8 business days (14 if mailed) to object, or the money is released. Source: Fla. Stat. § 77.041 |
| Bankruptcy exemptions | Florida has opted out of the federal exemptions. Florida residents must use the exemptions in the Florida Constitution and statutes. Source: Fla. Stat. § 222.20 |
Debt collectors and interest
| State debt collection law | Yes. The Florida Consumer Collection Practices Act forbids any person collecting a consumer debt, including original creditors, from harassment, threats, false claims, contacting an employer before judgment without permission, and other listed practices. Source: Fla. Stat. § 559.72 |
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| Debt collector licensing | Yes. Consumer collection agencies must register with the Office of Financial Regulation and renew each year. Original creditors, Florida Bar members, financial institutions, and some others are exempt. Source: Fla. Stat. § 559.553 |
| Medical debt protections | Licensed hospitals and similar facilities may not take 'extraordinary collection actions' (selling the debt, credit reporting, liens, lawsuits, garnishment) until they have, among other steps, checked eligibility for financial assistance, sent an itemized bill, billed insurance, and given 30 days' written notice. They also may not take these actions while the patient negotiates in good faith or follows a payment plan. Suits on such facility medical debt have a 3-year limit. Enacted by ch. 2024-183, amended by ch. 2025-98. |
| Interest rate limits | Judgment interest is set each quarter by Florida's Chief Financial Officer (the average Federal Reserve Bank of New York discount rate for the prior 12 months plus 4 percentage points). The rate is printed on the judgment. A rate set by written contract is not affected. The current quarter's rate was not confirmed. Source: Fla. Stat. § 55.03 |
Where to get help in Florida
- Florida Office of Financial Regulation, Division of Consumer Finance (registers consumer collection agencies)
- File a complaint or claim
Debt & Collections FAQ
What is the statute of limitations on debt in Florida?
5 years for an action on a contract, obligation or liability founded on a written instrument.
How long can a creditor sue on a credit card debt in Florida?
4 years for a contract, obligation or liability not founded on a written instrument, including store accounts. An action to collect medical debt for services at a licensed hospital or other facility has 3 years, counted from when the facility refers the debt to a third party for collection.
Does making a payment restart the statute of limitations in Florida?
An acknowledgment of, or promise to pay, a debt that is already time-barred must be in writing and signed by the debtor to be enforceable.
How long does a court judgment last in Florida?
No judgment can be a lien on property after 20 years from entry, and an action on a Florida court-of-record judgment must be brought within 20 years. A judgment lien on real estate lasts 10 years from recording a certified copy and can be extended once for another 10 years by re-recording with an address affidavit before it expires.
How much of my wages can be garnished in Florida?
A head of family (someone providing more than half the support of a child or other dependent) has all disposable earnings of $750 a week or less fully protected. Earnings above $750 a week cannot be garnished either, unless the person signed a separate written waiver in the required form, and even then only up to the federal limit. For others, the federal limit applies (no more than 25% of disposable earnings).
How much money in a bank account is protected from creditors in Florida?
No general bank account exemption. A head of family's exempt wages stay exempt for 6 months after being deposited, if they can be traced. A debtor who does not claim the homestead exemption may protect up to $4,000 of personal property, which can include money. The Florida Constitution also protects $1,000 of personal property.
What is the homestead exemption in Florida?
No dollar limit. A homestead is protected from forced sale based on size: up to 160 contiguous acres outside a city, or up to one-half acre inside a city. The protection does not apply to taxes, the mortgage or other debts to buy or improve the home, or labor performed on it.
Can a creditor take my car in Florida?
Up to $5,000 in value in a single motor vehicle.
What debt collection practices are illegal in Florida?
Yes. The Florida Consumer Collection Practices Act forbids any person collecting a consumer debt, including original creditors, from harassment, threats, false claims, contacting an employer before judgment without permission, and other listed practices.
Do debt collectors need a license in Florida?
Yes. Consumer collection agencies must register with the Office of Financial Regulation and renew each year. Original creditors, Florida Bar members, financial institutions, and some others are exempt.
What protections apply to medical debt in Florida?
Licensed hospitals and similar facilities may not take 'extraordinary collection actions' (selling the debt, credit reporting, liens, lawsuits, garnishment) until they have, among other steps, checked eligibility for financial assistance, sent an itemized bill, billed insurance, and given 30 days' written notice. They also may not take these actions while the patient negotiates in good faith or follows a payment plan. Suits on such facility medical debt have a 3-year limit.
What is the maximum legal interest rate in Florida?
Judgment interest is set each quarter by Florida's Chief Financial Officer (the average Federal Reserve Bank of New York discount rate for the prior 12 months plus 4 percentage points). The rate is printed on the judgment. A rate set by written contract is not affected.
How do I respond to a debt collection lawsuit in Florida?
Debt claims up to $8,000 are usually small claims cases in County Court. A written answer is not usually required unless the court orders it, but the defendant must appear (in person, by counsel or by approved remote technology) at the pretrial conference. Missing it can lead to a default judgment.
How do I stop a garnishment or claim an exemption in Florida?
A writ of garnishment against an individual comes with a 'Notice to Defendant' and a Claim of Exemption and Request for Hearing form. To protect exempt wages or money, the debtor fills out the form, has it notarized, and files it with the clerk within 20 days after receiving the notice. A copy goes to the creditor and the garnishee (bank or employer). The creditor then has 8 business days (14 if mailed) to object, or the money is released.
Which bankruptcy exemptions can I use in Florida?
Florida has opted out of the federal exemptions. Florida residents must use the exemptions in the Florida Constitution and statutes.
Debt & Collections in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.