If you've been served with a lawsuit in Florida over credit card debt, you're not alone. Thousands of consumers each year find themselves in court facing legal action from credit card companies, debt buyers, or collection agencies. While receiving a lawsuit can be stressful, you have legal rights and options—and there are several effective strategies to defend yourself.
Here’s a breakdown of how credit card debt lawsuits work in Florida and what you can do to protect yourself.
1. Don’t Ignore the Lawsuit
The most common mistake consumers make is ignoring the lawsuit. In Florida, you typically have 20 days from the date you are served to file a written response, called an “Answer,” with the court. If you fail to respond, the creditor can obtain a default judgment against you, which may lead to wage garnishment, bank account levies, or property liens.
2. Understand Who Is Suing You
Many credit card debt lawsuits are filed not by the original creditor (like a bank), but by a debt buyer—a company that purchases charged-off debts for pennies on the dollar. These companies often lack the proper documentation to prove they own the debt or that the amount is accurate.
Common debt buyers in Florida include:
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Midland Funding
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Portfolio Recovery Associates
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Cavalry SPV
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LVNV Funding
Your defense strategy may vary depending on whether the lawsuit was filed by an original creditor or a third-party debt buyer.
3. Demand Proof of the Debt
One of the most powerful tools in defending a credit card lawsuit is forcing the creditor to prove their case. In Florida, the plaintiff must prove:
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That a valid credit agreement existed
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The amount they claim is owed is accurate
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They have standing to sue (i.e., they own the debt)
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The debt is not barred by the statute of limitations
Request documentation such as the original signed agreement, account statements, a chain of title showing ownership of the debt, and any assignments or billing history. Without this, the creditor’s case may fall apart.
4. Assert Legal Defenses
Depending on the facts of your case, you may be able to assert one or more defenses, including:
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Statute of Limitations: In Florida, the statute of limitations for credit card debt is generally five years from the date of the last payment or transaction. If the creditor waited too long to file, the case can be dismissed.
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Lack of Standing: If a debt buyer sues you, they must show a valid assignment from the original creditor. If they cannot prove ownership, they lack standing to sue.
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Improper Service: If you weren’t properly served with the lawsuit, you may be able to challenge the court’s jurisdiction.
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Payment or Settlement: If you already paid or settled the debt, you can raise this as a defense.
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Amount in Dispute: If the creditor cannot substantiate the amount claimed, it may weaken or defeat their claim.
5. Consider Filing a Motion to Dismiss
If the complaint is vague, lacks key details, or appears legally insufficient, your attorney may file a motion to dismiss. This challenges the legal basis of the lawsuit before it goes any further.
6. Use Discovery to Your Advantage
Once you file an Answer, the case enters the discovery phase. This is your opportunity to request documents and information from the creditor to test their ability to prove their case. You can serve:
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Interrogatories (written questions)
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Requests for production of documents
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Requests for admissions
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Depositions, in some cases
Debt buyers often dismiss cases when faced with aggressive discovery requests they cannot answer.
7. Settlement and Negotiation Options
Even if the debt is valid, you may be able to settle for less than the full amount. In many cases, creditors are open to negotiation—especially if they face the risk of losing in court or incurring litigation costs.
If you reach a settlement, get it in writing, and make sure the agreement includes language releasing you from future claims and requiring the creditor to dismiss the lawsuit.
8. Consider Hiring an Attorney
Florida courts allow you to represent yourself, but hiring an experienced consumer defense attorney can improve your chances of success. A lawyer can help you:
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Identify defenses
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Respond to the complaint
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Handle court appearances
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Negotiate a favorable settlement
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Avoid costly mistakes
Legal representation is especially important if the amount in controversy is substantial or if the case has been filed in county or circuit court.
9. Monitor Your Credit and Court Records
Even if the lawsuit is dismissed or settled, monitor your credit report and court docket to ensure the creditor follows through. You can dispute inaccurate credit reporting with the credit bureaus and take legal action if a dismissed debt is wrongfully reported.
Conclusion
Defending a credit card debt lawsuit in Florida is not hopeless. With the right legal strategy and awareness of your rights, you can challenge the creditor’s claims, assert valid defenses, and potentially avoid a judgment. Whether the debt is valid or not, acting quickly and strategically can make all the difference.
If you've been sued over credit card debt, contact a qualified Florida consumer defense attorney to evaluate your case and discuss your options.
Have you or someone you know been sued? Contact Florida Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
