McMillan Law's office is in Tampa. I represent people in Orlando and everywhere else in Florida, and the free case review happens by phone or online, so you don't have to drive anywhere to get started.
Last reviewed October 8, 2026 by Jackson McMillan, Florida attorney
A small claims summons over a debt in Orlando
The small claims debt lawsuit in your hands might trace back to a card you opened in college and let slide while working the front desk or waiting tables in Orlando's tourism and hospitality business. Maybe you're a UCF student who fell behind on a personal loan during a rough semester. Or your car was repossessed and sold, and now the lender says you still owe what the sale didn't cover. When the amount is $8,000 or less, leaving out costs, interest, and attorney's fees, the case is handled under Florida's small claims rules.
Small claims can feel informal. A debt case there can still end in a judgment like any other, and a judgment lets the company go after your paycheck or bank account.
How long do I have to respond to a small claims debt lawsuit?
Small claims doesn't follow the 20-day answer rule used in larger county court cases. Your first appearance is the pretrial conference, at the date and time printed on your papers. Filing a written answer doesn't excuse you from it. You have to attend, or have your lawyer appear on your behalf.
If nobody appears for you when the conference is called, the company is entitled to a default, which can become a judgment against you. Already missed the date? Don't wait to see what arrives in the mail next. Get the papers to me right away.
When a company asks for more than $8,000, up to $50,000, the case is a regular county court case instead, and a written response is due 20 calendar days after you're served. Since January 1, 2026, a default in those cases requires the company to file a motion first, so an answer that reaches the court before a default is entered can still matter.
Upload your Orlando summons to my free case review today, and I'll tell you what has to happen before the pretrial conference, including whether you need to take time off work.
Orange County court, and where a collector can sue you
McMillan Law's office is in Tampa, and I take debt cases from Orlando and the rest of Central Florida, including Lake Nona, College Park, Winter Park, and Kissimmee. Orange County is part of the Ninth Judicial Circuit, along with Osceola County.
Where the case was filed is worth checking. Under federal law, a debt buyer or collection law firm generally must bring the case in the county you lived in at the time of filing or in the place you signed the contract. That matters for UCF students who signed for a loan back home or moved after graduation. A suit filed in the wrong county can be a federal violation, which may give you a claim of your own against the collector.
A debt lawsuit often travels with other problems. If you lived in one of Orlando's big apartment communities and a move-out balance went to collection, read about move-out fees at Orlando apartments. If a debt is turning up on a screening report when you apply to rent, see tenant screening errors in Orlando, and if someone emptied your Cash App or Venmo, see payment app hacks in Orlando.
Cards, loans, and a repossessed car: what they must prove
Showing up helps most when you know what the company has to show. In a Central Florida debt case, that's generally three things: you're responsible for the account, the amount is right, and the company suing you has the right to collect. If it bought the account, that means proof of each sale from the original lender. More detail is on my main page about being sued for a debt in Florida.
- Cards and loans from college. If you were only an authorized user on a parent's card, you generally aren't responsible for the balance. An account someone else opened in your name is identity theft, not your debt.
- Fees and interest. A collector can't tack on charges your agreement or the law doesn't allow.
- The balance after a repossession. When a lender sells a repossessed car, it subtracts what the sale brought and can sue for what it says is left. It still has to prove that number with records, not just a demand letter.
- Old accounts. For card and loan debts, the general Florida deadline to sue is 5 years with a written agreement and 4 years without one, and a collector that sues on an expired debt breaks federal law.
What you can win or save
- Walking away owing nothing on the lawsuit, if the company can't prove the debt, the amount, or its right to collect.
- The fee clause, turned around. If your card or loan agreement lets the lender charge you its attorney's fees, Florida law lets you seek yours from the company when you win. If you lose, it can ask to add its fees.
- Most or all of your paycheck. If your take-home pay is $217.50 a week or less, federal law doesn't allow any of it to be garnished for an ordinary debt (15 U.S.C. § 1673). Above that, a garnishment is capped at 25% of take-home pay or the amount over $217.50, whichever is less. A parent providing more than half a child's support generally keeps all of it unless they signed a waiver.
- Claims over collection tactics. Contacting your employer about the debt before a judgment, calling before 8 a.m. or after 9 p.m., and robocalling your cell without your consent are all restricted. Robocalls without consent can be worth $500 apiece, and up to $1,500 when willful. See debt collector harassment.
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.
Before your Orlando court date
- Save the date and time of the pretrial conference in your phone, with a reminder a few days ahead.
- Line up time off now, or plan to have a lawyer appear for you.
- Find the account agreement and statements, plus every repossession letter if the debt is from a car.
- Screenshot collection texts and call logs, especially calls to your job or late at night.
- Don't agree to anything by phone before the court date, even if the offer sounds like a deal.
- Send the court papers to me. Upload the summons from your phone for a free case review well before the pretrial conference.