Debt lawsuit defense · Anywhere in FloridaBeing sued for a debt? Don't ignore it.

What to do first

1. Don't ignore the papers. A lawsuit doesn't go away on its own.
2. Find your deadline. It's explained below. Write it on your calendar today.
3. Keep every page, plus the envelope and any letters, texts, or voicemails from the company.
4. Don't agree to a payment plan over the phone before you understand your options. A quick "yes" can make some defenses harder.
5. Get a free case review. You can upload your court papers from your phone.

How much time do you have?

It depends on the kind of case, and the answer is printed on your papers.

• Most Florida lawsuits: you have 20 days after you were served to file a written response with the court. That's calendar days, so weekends count.
• Smaller cases (small claims, $8,000 or less): your papers list a court date, often called a pretrial conference. You have to show up on that date, or have a lawyer there for you.

Already missed it? Act anyway. The company has to ask the court for a default, and until the court grants it, you can often still respond.

They still have to prove their case

Being sued doesn't mean you automatically owe what they say. The company suing you has to prove that you owe the debt and how much. If it's a company that bought the debt, it also has to prove it actually owns your account. Common problems with these cases:

• It isn't your debt. It belongs to someone else, an ex, or a relative, or it was opened by an identity thief.
• You were only an authorized user on someone else's card.
• The debt is too old. In Florida, many debts can't be sued on after 5 years, some after 4, and hospital bills after 3. You usually have to raise this in your response: the court won't raise it for you.
• The amount is wrong, with fees or interest you never agreed to.
• It was already paid, settled, or wiped out in bankruptcy.
• The paperwork is missing. Debt buyers sometimes can't show a clean record of how they got your account. See sued by a debt buyer.
• The papers went to an old address, or weren't delivered the way the law requires.

Who pays the lawyers?

Many credit card and loan agreements say you have to pay the company's lawyer if it wins. Florida law makes that work both ways: if the agreement has that kind of clause and you win, you can ask the court to make the company pay your attorney's fees. The flip side is real too. If you lose, the company may add its lawyer's fees to what you owe.

What happens if you ignore it

If you don't respond in time, the company can ask the court for a default judgment. That's a win without a fight. With a judgment, the company can try to take money straight from your paycheck or bank account. Some of your money and property is protected even then. See judgment or garnishment.

When the collector broke the rules

Debt collectors, and in Florida, the original lenders too, have rules to follow. If they kept calling after you told them to stop, called at odd hours, threatened you, or told your boss or friends about the debt, you may have your own claims against them. If you win those claims, the law lets you recover attorney's fees from the company. See debt collector harassment.

What it costs

The case review is free. Fees for defending a debt lawsuit depend on the case. I explain your options, and every term is in writing before you sign anything.

Local guides

• Sued for a debt in Tampa by a company you've never heard of?Tampa
• Medical debt lawsuit in St. Petersburg after Helene or Milton? Hospital bills play by different rules.St. Petersburg
• Wage garnishment in Clearwater over a debt judgment you never knew about?Clearwater
• Sued for a debt in Sarasota while living on Social Security? What you live on has protection.Sarasota
• Small claims debt lawsuit in Orlando? The pretrial conference isn't optional.Orlando