Getting a lawsuit in the mail feels like a punch in the gut. Your heart races. You scan the legal jargon, looking for a way out. It’s scary, and it’s meant to be.
But take a breath. You can handle this.
In Florida, you have a specific window of time to fight back. If you stay silent, you lose. If you speak up—by filing a proper legal document called an “Answer”—you pause the process and force the debt collector to prove their case.
Most people don’t fight because they think they need a lawyer. You don’t. You just need the right paperwork and a clear head.
[Create Your Court-Ready Florida Answer Now]
The 20-Day Rule (Don’t Miss This)
Florida law is strict. You have exactly 20 calendar days to respond to a debt lawsuit.
The clock starts ticking the day after you are served the papers. This includes weekends and holidays. If the 20th day falls on a Saturday, Sunday, or legal holiday, your deadline stretches to the next business day. But don’t push your luck.
What happens if you wait 21 days?
The court may enter a “Default Judgment” against you. That means you automatically lose. The judge grants the collector the power to garnish your wages, freeze your bank account, or place a lien on your property. Do not let them win by default.
Does It Cost Money to File?
This is where Florida differs from some other states. In many Florida counties, there is a filing fee to submit your Answer to the Clerk of Court. Fees can range from $55 to over $400, depending on the amount of debt being claimed.
- Small Claims (under $8,000): Fees are generally lower.
- County/Circuit Court (over $8,000): Fees increase significantly.
However, if you cannot afford the fee, you can ask the court for “indigent status.” This effectively waives the fee. You will need to fill out an Application for Determination of Civil Indigent Status at the clerk’s office.
3 Steps to File Your Answer
You don’t need a law degree to file a valid response. You just need to follow the procedural rules.
Step 1: The “Answer” Document
Your Answer is your official shield. It tells the court, “I am here, and I dispute this.”
Do not write a long letter explaining your financial hardships. The court cannot help you just because you are broke. Instead, you must respond to the specific claims in the Complaint.
For each numbered paragraph in the lawsuit against you, choose one response:
- Admit: “This is true.” (Use this sparingly).
- Deny: “This is not true. Prove it.”
- Deny for Lack of Knowledge: “I don’t know if this is true.” (This is a safe, common response).
Step 2: Assert Your “Affirmative Defenses”
This is how you go on the offense. An affirmative defense is a legal reason why you shouldn’t have to pay, even if the debt was originally yours. Common Florida defenses include:
- Statute of Limitations: The debt is too old to be collected.
- Identity Theft: The debt belongs to someone else.
- Payment: You already paid this debt.
- Lack of Standing: The debt buyer (like a collection agency) cannot prove they own your specific account paperwork.
Step 3: File and Serve
Once your document is signed (some counties require notarization, so check your local rules), you must file it with the Clerk of Court.
- File: Submit the original to the court clerk. Florida’s E-Filing Portal is the fastest way to do this.
- Serve: You must mail a copy to the plaintiff’s attorney. Their address is on the Summons.
- Keep: Always keep a stamped copy for your own records.
The “Zombie Debt” Defense (Statute of Limitations)
Debt collectors often try to sue for old debts that have expired. In Florida, the “Statute of Limitations” prevents them from suing you after a certain time period.
- Written Contracts: 5 years.
- Oral Contracts: 4 years.
- Open Accounts (Credit Cards): There is legal debate here. Florida statutes generally list “open accounts” at 4 years, but some courts treat credit card agreements as written contracts (5 years).
Crucial Warning: If you make a payment on an old debt, you might “reset the clock,” starting that 4 or 5-year period all over again. Check the dates before you pay a cent.
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