Florida debt: four years or five, and a strong shield for family wages

Five years for an action on a written contract (Florida Statutes section 95.11(2)(b)). Four years for an obligation not founded on a written instrument, including many open and store accounts (also section 95.11).

Whether a credit card falls under five years or four depends on whether the suit rests on the signed written agreement or on an open account. In practice, ask the collector for the signed agreement. If it cannot produce one, it may be limited to the four-year period for accounts not founded on a written instrument.

Before paying anything on an old account, check how long ago you last paid. Federal law bars suits and threats of suits on time-barred debt.

Our guide to time-barred and zombie debt explains what collectors may and may not do once the 4-year limit in Florida has passed.

Limits vary a lot between states: by comparison, Kansas sets 3 years and Nevada sets 4 years for similar debts.

Before paying anything in Florida, read whether to pay a collection agency and how to request debt validation.

If your letter comes from a national company such as Paragon Revenue Group or Portfolio Recovery Associates, our collector guides explain who they are and how to dispute.

All disposable earnings of a head of family of $750 a week or less are exempt from garnishment. Earnings above $750 a week cannot be garnished either unless the person agreed otherwise in a separate written waiver.

A "head of family" includes anyone providing more than half of the support for a child or other dependent (Florida Statutes 222.11(1)(c)). Single parents, and people supporting a relative, usually qualify. The protection is not automatic: if a garnishment starts, you claim it with the court.

Check old loan papers for any separate document waiving this protection. The waiver must be a separate written document to count.

Already facing a garnishment in Florida? Our wage garnishment guide covers exemption claims, hardship and how long a garnishment lasts.

The Florida Consumer Collection Practices Act (sections 559.55 to 559.785) says that in collecting consumer debts "no person shall" use the listed practices, so it reaches original creditors as well as agencies. A person who breaks section 559.72 can be liable for actual damages, statutory damages of up to $1,000, court costs and reasonable attorney's fees.

Consumer collection agencies must register with the Office of Financial Regulation before collecting in Florida; original creditors are exempt from registration. A collection agency that is not registered should not be collecting in Florida.

Section 559.715 deals with assignment of consumer debts, including notice to the debtor within 30 days after an assignment and before action to collect.

Most debt lawsuits end in default because people do not respond; our page on what to do if a debt collector sues you explains how to avoid that in Florida.

The dispute rights come from federal law: a written dispute inside the validation period makes the collector stop until it mails verification. The check on this page starts with Florida already selected.

Large debt buyers active in Florida include Midland Credit Management and LVNV Funding.