Florida Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Florida's Statutes Of Limitations. Florida phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Florida Fair Debt Collection Consumer Practices Guide summarizes Florida's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.*
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Florida Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Florida’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Florida Debt Exemption Law!
Florida Statute
The State of Florida has opted out of federal bankruptcy exemption except as to
exemptions provided by § 522(d)(lO) of the bankruptcy Act. Florida Statute §§ 222.20 and .201.
Wages: Florida Statutes Annotated § 222.11. A
Homestead: Florida Constitution article X, § 4(a)(I); Florida Statutes Annotated §§ 222.01,
.02, .03, and .05.
Tangible personal property: Florida Constitution article X, § 4; Florida Statutes Annotated §§ 222.061 and .07.
Benefits, retirement plans, insurance, judgments, and other intangibles:
Florida Statutes Annotated §§ 222.13, .14, .18, .21, .22, .25. See § 121.131.
Florida Debt Statutes of Limitation
Your debt may have expired under Florida’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Florida Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Florida Debt Statutes of Limitation
Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.
Libel, slander, or unpaid wages: 2 years.
Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.
The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.
Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).
Florida Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Florida’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Florida law.
Florida Wage Garnishment Procedural Requirements
Final process to enforce a judgment solely for the payment of money shall be by execution, writ of garnishment or other appropriate process or proceedings. Fla. R. Civil. P. 1.570. In aid of a judgment, decree or execution the judgment creditor may obtain discovery from any person, including the judgment debtor, in the manner provided in the Rules of Civil Procedure. Fla. R. Civil. P. 1.560.
Executions on judgments shall issue during the life of the judgment on oral request of the party entitled to it or his attorney without praecipe. No execution or other final process shall issue until the judgment on which it is based has been recorded nor within the time for serving a motion for new trial or rehearing and if a motion for new trial or rehearing is timely served, until it is determined; provided execution or other final process may be issued on special order of the court at any time after judgment. Fla. R. Civil. P. 1.550.
Every person who has sued to recover a debt or has recovered judgment in any court against any person, natural or corporate, has a right to a writ of garnishment to subject any debt due to defendant by a third person. Fla. Statute. Ann. _ 77.01. After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, his agent or attorney, shall file a motion Statuting the amount of the judgment and that movant does not believe that defendant has in his possession visible property on which a levy can be made sufficient to satisfy the judgment. The motion may be filed and the writ issued either before or after the return of execution. Fla. Statute. Ann. _ 77.03.
The writ shall require the garnishee to serve an answer to it on plaintiff within twenty days after service Statuting whether he is indebted to defendant at the time of answer, or was indebted at the time of service of the writ, or at any time between such times; and in what sum and what tangible or intangible personal property of the defendant he has in his possession or control at the time of his answer, or had at the time of the service of the writ, or at any time in between such times; and whether he knows of any other person indebted to defendant, or who may have any of the property of defendant in his possession or control. The writ shall Statutee the amount of the judgment. Fla. Statute. Ann. _ 77.04.
Within 5 days after service of the garnishee's answer on the plaintiff or after the time period for the garnishee's answer has expired, the plaintiff shall serve on the judgment debtor, by mail, the following documents: a copy of the writ, a copy of the answer, a notice, and a certificate of service. The notice shall advise the judgment debtor that he must move to dissolve the writ within the time period set forth in _ 77.07(2) [20 days] or be defaulted and that he may have exemptions from the garnishment which must be asserted as a defense. The plaintiff shall serve these documents on the judgment debtor at his last known address and any other address disclosed by the garnishee's answer. The plaintiff must also serve these documents on any other person disclosed in the garnishee's answer to have any ownership interest in the deposit, account, or property controlled by the garnishee. The plaintiff shall file in the proceeding a certificate of such service. Fla. Statute. Ann. _ 77.055.
Service of the writ shall make the garnishee liable for all debts due by him to the defendant and for any tangible or intangible personal property of the defendant in his possession or control at the time of service of the writ or at any time between the service and the time of his answer. The garnishee shall report in his answer and retain any deposit, account, or tangible or intangible personal property in the possession or control of such garnishee; and the answer shall Statutee the name or names and addresses, if known to the garnishee, of the defendant and any other persons having or appearing to have an ownership interest in the involved property. Fla. Statute. Ann. _ 77.06.
Before issuance of any writ of garnishment, the party applying for it shall deposit $100 in the registry of the court which shall be paid to garnishee on his demand at any time after the service of the writ for the payment or part payment of his attorney's fee which he expends, or agrees to expend, in obtaining representation in response to the writ. At the time of deposit, the clerk shall collect the Statutory fee provided by _ 28.24(13) [service charge for receiving money into the registry of the court equal to 2% of the first $500 plus 1% of each subsequent $100] in addition to the $100 deposited into the registry of the court.
On rendering final judgment, the court shall determine the garnishee's costs and expenses, including a reasonable attorney's fee, and in the event of a judgment in favor of the plaintiff, the amount shall be subject to offset by the garnishee against the defendant whose property or debt owing is being garnished. In addition, the court shall tax the garnishee's costs and expenses as costs. Plaintiff may recover in this manner the sum advanced by him and paid into the registry of court, and if the amount allowed by the court is greater than the amount of the deposit, judgment for garnishee shall be entered against the party against whom the costs are taxed for the deficiency. Fla. Statute. Ann. _ 77.28.
Interest Rate at which Judgments Accrue On December 1 of each year, the Comptroller of the Statutee of Florida shall set the rate of interest that shall be payable on judgments or decrees for the year beginning January 1 by averaging the discount rate of the Federal Reserve Bank of New York for the preceding year, then adding 500 basis points to the averaged federal discount rate. This process shall not affect a rate of interest established by written contract or obligation. Fla. Statute. Ann. _ 55.03. Applicable Forms Fla. R. Civil. P., Form 1.907
Florida (Debt Collector) Call Recording Law
Under Florida State and Federal Call Recording Laws, you could record the actual recorded conversation with a debt collector in your efforts to stop debt collectors from calling! Florida is a two party consent state, meaning you need the permission of all parties that are on the call to record the conversation. Thus you DO need a debt collector’s permission before you can record your phone conversation with him (or her) in the state of Florida.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
