How to respond when a debt collector calls or sends a letter in Florida
When a debt collector contacts a consumer, federal law requires the collector to give a written validation notice with key information and a 30 day window to dispute the debt. State law also restricts abusive or harassing collection practices and allows a debtor to sue for violations. These rules generally let consumers ask for verification and may limit collection while a dispute is pending.
If a collector uses harassing language, threatens to reveal disputed information without noting the dispute, calls the employer before a judgment, or communicates with unreasonable frequency, Florida law treats those practices as prohibited and may provide damages and other relief in court. The specific remedies and timing depend on the statutes and on how the facts compare to the legal standards.
Current Florida law
Every answer cites the statute
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The deadline that matters
30 days to dispute the debt in writing under federal validation rules
What Florida law says
Federal law requires a debt collector to send a validation notice that includes the amount, the creditor, and a statement that the consumer has thirty days to dispute the debt, and that the collector will obtain verification if disputed, under 15 U.S.C. § 1692g. Florida law generally prohibits certain collection practices, such as harassing calls, threats, disclosure of disputed debts without noting the dispute, contacting an employer before a final judgment, and using abusive language, under Fla. Stat. § 559.72. An assignee who buys a debt must give written notice to the debtor at least 30 days before starting a collection action, under Fla. Stat. § 559.715. A consumer may bring a civil action for violations of the collection-practices provisions and may recover actual damages and possibly additional statutory damages, with limits and other rules set out in Fla. Stat. § 559.77. Florida courts have found that very frequent calls can be harassing depending on context, see examples in Schauer v. Morse Operations, Inc., Schauer v. Morse Operations, Inc., 5 So. 3d 2, 2009 Fla. App. LEXIS 22, 2009 WL 18674 (Fla. Dist. Ct. App. 2009).
What to do
A common first step is to carefully read any written notice and note the 30 day validation period.
A common option is to send a written dispute or request for verification within 30 days to trigger the collector’s obligation under federal law.
A common step is to keep records of calls, messages, letters, and dates in case the conduct appears abusive or unlawful.
A common option is to send a written request asking the collector to stop communicating, and keep proof of sending it.
A common next step is to consider whether the conduct described in the notices or calls appears to violate Florida’s prohibited practices and whether legal remedies under Fla. Stat. § 559.77 may apply.
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Common questions
What if I dispute the debt within 30 days?
If you write to dispute the debt within the 30 day period described in 15 U.S.C. § 1692g, the collector must stop collection of the disputed portion until it obtains and mails verification or a copy of a judgment or provides the original creditor’s name and address if requested.
Can a collector keep calling my workplace?
Florida law generally prohibits contacting a debtor’s employer before obtaining final judgment unless the debtor gave written permission or acknowledged the debt in writing after the debt was placed for collection, under Fla. Stat. § 559.72.
What remedies are available if the collector breaks the rules?
A person may sue for violations of the collection-practices provisions and may recover actual damages and potentially additional statutory damages and attorney fees under Fla. Stat. § 559.77.
How long do I have to sue over an unlawful collection practice?
Florida sets a two year time limit for bringing an action under the collection-practices provision, under Fla. Stat. § 559.77(4).
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This page provides legal information about Florida law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
