Debt Litigation in Florida –Your Questions Answered By A Deerfield Beach Debt Litigation Attorney

Last updated on June 9, 2025

If you have been served with a lawsuit regarding a debt in Florida, you likely have questions, concerns, and uncertainty about what to do next. The Law Office of Adam I. Skolnik, P.A., is committed to guiding Florida residents through every step of the debt litigation process with compassion, clarity, and legal expertise.

As a Deerfield Beach bankruptcy and debt litigation attorney, Adam Skolnik has years of experience in litigation and is familiar with all the different causes of action that bring a person into court on bankruptcy or debt-related matters. Rest assured that if your legal matter requires litigation, the Law Office of Adam I. Skolnik, P.A., is more than ready to meet those needs.

What Is Debt Litigation?

Debt litigation refers to the legal process where a creditor, or more often a third-party debt buyer, files a lawsuit against a consumer for an alleged unpaid debt. This can include credit card balances, personal loans, medical bills, auto loan deficiencies, and other types of unsecured debt. The creditor is attempting to obtain a legal judgment that allows them to collect the amount claimed.

Once a complaint is filed and served, the case proceeds through the court system. Consumers are given the opportunity to respond, raise defenses, and challenge the creditor’s claims. If no response is filed in time, the court may enter a default judgment in favor of the creditor.

As an experienced attorney, Adam has seen both sides of these disputes, having represented both debtors and creditors in matters of mortgage servicing violations, federal and unfair debt collection practices, bankruptcy stay and discharge violations and student loan disputes. He has also represented both plaintiffs and defendants.

Why Did I Receive A Summons Or Complaint?

You received a summons and complaint because a creditor or debt collector has initiated legal action against you. In many cases, these lawsuits are filed by debt buyers who purchased delinquent accounts for pennies on the dollar. These companies may lack adequate documentation, fail to establish ownership of the debt, or include incorrect amounts.

The lawsuit signifies the beginning of a formal legal process, and it is essential that you respond appropriately and on time. Ignoring it could result in a judgment and further collection efforts.

How Long Do I Have To Respond To A Lawsuit In Florida?

In Florida, once you are served with a summons and complaint, you have 20 calendar days to file a written response with the court. This response must also be served on the plaintiff or their attorney.

Failing to respond within this window allows the creditor to request a default judgment, which may permit them to begin wage garnishment, freeze your bank account, or place liens on your property.

Most often the Court requires the parties to attend mediation where the creditor or debt collector and you try to resolve the lawsuit through confidential discussion with a neutral third party (the mediator).

Can I Settle A Debt After A Lawsuit Has Been Filed?

Yes. Many creditors are open to negotiation even after filing suit. Settlement options may include:

• Reduced lump-sum payments
• Monthly payment plans
• Stipulated judgments (which may offer time to pay before any enforcement)
• Dismissal of the lawsuit with or without prejudice

Attorney Adam Skolnik has extensive experience negotiating settlements on behalf of clients in a way that avoids trial and protects your financial well-being. Adam will ensure all agreements are formalized and enforceable.

What Defenses Can I Raise In A Debt Lawsuit?

There are numerous legal defenses that may apply depending on your situation. Some of the most common include:

• Improper service: You were not correctly notified of the lawsuit.
• Lack of standing: The plaintiff cannot prove it owns the debt.
• Statute of limitations: Too much time has passed since the last activity on the account.
• Fraud or identity theft: The debt is not yours.
• Incorrect amount: The balance claimed is inflated by fees or interest.
• Payment or settlement already made: You already paid or settled the debt.
• Failure to attach necessary documents: Such as a copy of the contract or account statement.

Adam analyzes each case thoroughly and crafts a defense strategy tailored to your specific circumstances.

What Is The Statute Of Limitations For Debt In Florida?

Florida imposes time limits on how long creditors can legally sue to collect a debt:

• Written contracts: 5 years
• Oral contracts: 4 years
• Credit card debt (open-ended accounts): 4 years (though creditors often argue for 5)

The statute of limitations typically begins running from the date of your last payment or last activity. If the creditor waits too long to file suit, the claim may be barred.

What Happens If A Judgment Is Entered Against Me?

If a creditor wins the lawsuit and obtains a judgment, they may pursue post-judgment collection methods, such as:

• Wage garnishment: Withholding up to 25% of your disposable income (or exempt entirely if you qualify as head of household)
• Bank garnishment: Freezing and seizing funds from your bank account
• Liens: Placing a legal claim on your property or real estate
• Judgment renewal: Florida judgments can be valid for up to 20 years

Attorney Adam I. Skolnik helps clients understand their exemption rights and works to avoid or reverse garnishment orders when possible.

Can I Protect My Wages And Property From Creditors?

Yes. Florida law provides important exemptions:

• Head of household exemption: Protects wages if you support a dependent
• Homestead exemption: Protects your primary residence from most creditors
• Personal property exemptions: Up to $1,000 in personal property ($4,000 if no homestead claimed)
• Vehicle exemption: Up to $5,000 in equity in one vehicle

Our office can file the necessary paperwork to claim exemptions and ensure your assets are shielded from unlawful seizure.

Should I Hire An Attorney Or Represent Myself?

While individuals are allowed to represent themselves, known as “pro se” representation, debt litigation can be highly technical. Creditors and debt buyers rely on legal loopholes, procedural rules, and your lack of legal knowledge to win.

Attorney Adam I. Skolnik provides:

• Precise filings and timely responses
• Assertive negotiation with creditors
• Deep understanding of Florida debt collection law
• Courtroom advocacy and motion practice when needed

Having professional legal representation can significantly improve your chances of dismissal, settlement, or reduced liability.

Don’t acknowledge or make a payment on a debt you dispute, and don’t ignore a lawsuit filed against you; you could wind up subject to a default judgment if you don’t act promptly. Adam will work with your creditor to resolve the dispute, defend you in court, or recommend bankruptcy or other options to protect your assets and deal with the debt.

What If I Simply Can’t Afford To Pay The Debt?

If repayment is not possible, we will evaluate your eligibility for alternative solutions, including:

• Financial hardship arguments
• Structured payment plans
• Bankruptcy under Chapter 7, Chapter 13 or Chapter 11

The Law Office of Adam I. Skolnik, P.A., is not a one-size-fits-all firm. Advice is tailored to your needs, with an emphasis on avoiding long-term harm to your credit and finances.

What Consumer Protection Laws Apply To Debt Collection And Litigation?

Several state and federal laws exist to protect consumers from abusive, deceptive, or unfair debt collection practices. At the Law Office of Adam I. Skolnik, P.A., these laws are used to aggressively defend your rights:

Fair Debt Collection Practices Act (FDCPA)

This federal law prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. Key protections include:

• Prohibiting calls at inconvenient times (before 8 a.m. or after 9 p.m.)
• Banning threats, harassment, or misrepresentation
• Requiring debt collectors to verify debts upon request
• Prohibiting false or misleading statements
• Limiting third-party contact (e.g., contacting your employer or family)

If a collector violates the FDCPA, you may be entitled to statutory damages of up to $1,000, plus attorney’s fees and actual damages.

Florida Consumer Collection Practices Act (FCCPA)

Florida’s version of the FDCPA provides additional state-level protections and applies not just to third-party collectors but also to original creditors. It prohibits:

• Communicating with you directly after you retain an attorney
• Disclosing your debt to third parties
• Using profane or abusive language
• Calling your employer without permission
• Impersonating a law enforcement official or attorney

Violations of the FCCPA can also result in monetary damages, attorney’s fees, and potential injunctive relief.

Fair Credit Reporting Act (FCRA)

The FCRA governs how debts and credit information are reported to the major credit bureaus (Equifax, Experian, TransUnion). It ensures:

• You have the right to dispute inaccurate or outdated information
• Creditors and collectors must conduct a timely investigation if a dispute is filed
• Only accurate, verifiable debts may be reported
• Items like paid judgments or old collections must eventually fall off your report

Improper credit reporting can damage your ability to get a job, rent an apartment, or obtain financing, and our firm can take legal action to correct these issues.

Telephone Consumer Protection Act (TCPA)

This law restricts robocalls, auto-dialed calls, and prerecorded messages to your cell phone without your express consent. Violations can result in $500–$1,500 per illegal call or text message.

Truth in Lending Act (TILA)

TILA requires lenders to disclose the full terms and costs of credit, including interest rates, payment schedules, and total finance charges. Violations of TILA can occur in cases involving payday loans, auto loans, and some credit card accounts.

Bankruptcy Protection under Federal Law

When appropriate, Chapter 7 or Chapter 13 bankruptcy can provide powerful legal relief:

• Chapter 7: Discharges most unsecured debts
• Chapter 13: Creates a repayment plan over 3–5 years while stopping lawsuits, garnishments, and foreclosure
  Filing for bankruptcy immediately stops debt collection and litigation through the automatic stay provision.

How These Laws Help You

These consumer protection laws aren’t just background rules—they are tools we use to challenge lawsuits, reduce your financial liability, and pursue compensation for illegal collection behavior.

Whether you’re facing a debt collector lawsuit or ongoing harassment, Adam will examine whether your rights under the FDCPA, FCCPA, FCRA, or other laws have been violated—and we’ll hold violators accountable.

Common Debt Litigation Scenarios

Mortgage Servicing Violations

Your mortgage servicer is the company you send your monthly mortgage payments to; it may or may not be the bank that initially gave you the loan. The servicer applies your payments to the interest and principal on your loan according to the amortization schedule and also disburses tax, and insurance payments from your escrow account. Most mortgage servicers are massive companies, and they can make mistakes. They can misapply payments and credit them incorrectly to your account, or even apply them to the wrong account. They can report payments as late to the credit bureaus, wrecking your credit score even though you paid on time. They can also fail to pay taxes and insurance, putting you in hot water with the government or exposing you to liability for property damage.

Other serious mortgage servicing violations can include:

• Wrongfully putting your payment into a suspense account based on an alleged overpayment or underpayment
• Imposing force-placed insurance when you already have coverage
• Charging unreasonable fees

One of the most serious errors occurs when the servicer’s foreclosure department moves forward with foreclosure while their loan modification department is working with you on a loan modification. Adam takes on mortgage servicers, and holds them accountable for their mistakes and misconduct that cause you financial harm.

Bankruptcy Stay And Discharge Violations

The bankruptcy court imposes an automatic stay on collections for 30 days after you file your bankruptcy petition. However, if you fail to keep up with your loan payments during that time, your creditor might file a motion with the court to get the stay lifted. If this happens, they can move forward with a foreclosure or repossess your property. You have a right to a hearing on this matter and challenge the creditor’s motion for relief from the stay.

Creditors might also challenge the discharge of your debt by the bankruptcy court. They might claim your debt is the result of fraud or a willful and malicious injury. For instance, a credit card company might claim you obtained and charged up a credit card just before filing for bankruptcy with no intention of ever making a payment. Adam can defend you in court on nondischargeability claims, including seeking to have your attorney fees paid by the other side when they weren’t substantially justified in bringing the proceeding against you in the first place.

Student Loans And The Borrower Defense

The borrower defense to repayment is a form of loan forgiveness. If your school misled you or violated the law related to the loan or educational services, you can apply to have the loan forgiven. The borrower defense may be available, for instance, if the for-profit school misrepresented its job placement rates or otherwise fraudulently induced you to enroll, or if the school employed unqualified instructors or otherwise failed to provide the education it promised. They may have also doctored the loan application documents to get you a loan you didn’t qualify for, enriching themselves at your expense.

The borrower defense can get you partial loan relief depending on your earnings compared to others who completed similar programs at other schools. You can also get a forbearance or stopped collections status while your application is pending, although interest will continue to accrue.

Contact the Law Office of Adam I. Skolnik, P.A. Today

Time is critical. If you have received a lawsuit or suspect one is pending, schedule a consultation immediately.  At the Law Office of Adam I. Skolnik, P.A., attorney Adam Skolnik don’t just respond to lawsuits—he leverages consumer protection laws to fight back.  Adam offers compassionate, strategic, and aggressive representation for consumers throughout Florida. Contact the firm for more information using the online form or at 561-934-9582.

“Protecting Florida consumers from unlawful and aggressive debt collection practices.”