Florida debt collection rules: lawsuit deadlines, garnishment limits and judgments
In Florida, an action on a contract, obligation or liability founded on a written instrument must be filed within 5 years. On $800.00 of weekly take-home pay, a creditor with a judgment for an ordinary consumer debt can garnish at most $200.00 a week in Florida — this figure applies if you are not head of a family; a head of family is fully exempt at $750 a week or less, and above that only with a signed written agreement.
The rules at a glance
| Deadline for a creditor to sue | In Florida, an action on a contract, obligation or liability founded on a written instrument must be filed within 5 years. (Fla. Stat. § 95.11(2)(b)) In Florida, an action founded on a contract, obligation or liability not founded on a written instrument, including store accounts, must be filed within 4 years. (Fla. Stat. § 95.11(3)(j)) |
|---|---|
| Deadline to respond to a lawsuit | In Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading, unless a Florida statute sets a different time. (Fla. R. Civ. P. 1.140(a)(1)) |
| Wage garnishment limit | In Florida, all disposable earnings of a head of family whose disposable earnings are $750 a week or less are exempt from attachment or garnishment, and earnings above $750 a week can be reached only if the head of family agreed to it in writing. Disposable earnings of a person who is not head of family may not be garnished beyond the federal Consumer Credit Protection Act limit. (Fla. Stat. § 222.11) |
| How long a judgment lasts | In Florida, an action on a judgment or decree of a court of record in this state must be brought within 20 years. (Fla. Stat. § 95.11(1)) |
How much of your pay can be garnished
| Where you live | $600.00 a week | $800.00 a week | Law |
|---|---|---|---|
| Florida | $150.00 | $200.00 | Fla. Stat. § 222.11 this figure applies if you are not head of a family; a head of family is fully exempt at $750 a week or less, and above that only with a signed written agreement |
Frequently asked questions
How long does a creditor have to sue for a debt in Florida?
In Florida, an action on a contract, obligation or liability founded on a written instrument must be filed within 5 years.
How much of my paycheck can be garnished in Florida?
In Florida, all disposable earnings of a head of family whose disposable earnings are $750 a week or less are exempt from attachment or garnishment, and earnings above $750 a week can be reached only if the head of family agreed to it in writing. Disposable earnings of a person who is not head of family may not be garnished beyond the federal Consumer Credit Protection Act limit.
Questions answered for Florida
- How long does a debt judgment last in Florida?
- Can my wages be garnished in Florida if I support my family?
- How many days do I have to answer a debt lawsuit in Florida?
- What is the statute of limitations on credit card debt in Florida?
Compare wage garnishment limits across every state we have verified