Stopping a Debt Collector in Florida
A debt collector keeps calling me — here's what Florida law says and what to do next.
Statute: Fla. Stat. § 559.55 et seq. (Florida Consumer Collection Practices Act)
Deadline: 1825 days
Penalty: Violations may result in actual damages, statutory damages, and attorney fees under Florida's Consumer Collection Practices Act. The Florida Attorney General or OFR may also pursue enforcement
What is stopping a debt collector?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits what debt collectors can do when trying to collect money from you. It covers third-party collectors — companies that buy or collect debts on behalf of someone else — not the original creditor.
Under the FDCPA, debt collectors cannot harass you, lie to you, or use unfair tactics. They cannot call you before 8 a.m. or after 9 p.m., threaten violence, use profane language, or tell other people about your debt. You also have the right to tell a collector to stop contacting you entirely by sending a written request.
What to Do If a Debt Collector Is Harassing You
Step 1: Ask the collector for a "debt validation letter." Under the FDCPA (15 U.S.C. § 1692g), the collector must send you written notice within five days of first contact that includes the amount of the debt, the name of the creditor, and your right to dispute it.
Step 2: If you do not believe you owe the debt, send a written dispute within 30 days of receiving the validation notice. Send it by certified mail with return receipt requested. The collector must stop collection efforts until they verify the debt.
Step 3: Keep records. Save every letter, write down the date and time of every call, and note what the collector said. This documentation is critical if you need to file a complaint or lawsuit.
Step 4: If you want the calls to stop, send a cease-and-desist letter by certified mail. Once they receive it, they must stop contacting you (with limited exceptions for legal notices).
Step 5: File a complaint with the CFPB at consumerfinance.gov/complaint or call (855) 411-2372. You can also file with your state attorney general.
How Florida differs from federal law
Florida provides some of the strongest asset protections for debtors in the country:
- Florida Consumer Collection Practices Act (Fla. Stat. § 559.55-559.785): Florida's state FDCPA equivalent. Prohibits deceptive, unfair, and abusive collection practices. Applies to both original creditors and third-party collectors.
- Statute of limitations: 5 years for most written contracts (Fla. Stat. § 95.11(2)(b)). After 5 years, collectors cannot sue.
- Wage garnishment protections: Florida exempts the first $750/week of disposable earnings for heads of household from garnishment (Fla. Stat. § 222.11). Non-heads of household follow the federal standard (25% of disposable earnings).
- Homestead exemption: Florida has one of the strongest homestead exemptions in the country. Your primary residence is completely exempt from forced sale to pay most debts — regardless of value — as long as the property is 1/2 acre or less in a municipality or 160 acres outside a municipality (Fla. Const. Art. X, § 4).
Additional steps in Florida
File complaints with the Florida Attorney General at myfloridalegal.com or call (866) 966-7226. File with the Florida Office of Financial Regulation for licensed collector issues. Contact Florida Legal Services at (800) 405-1417.
What you should NOT do
Don't ignore debt collectors entirely. While you have the right to stop contact, ignoring a legitimate debt could lead to a lawsuit, wage garnishment, or damage to your credit score. Understand what you owe before deciding your next step.
Don't give personal financial information over the phone. Scammers often pose as debt collectors. Never give your bank account number, Social Security number, or credit card number to someone who calls you about a debt.
Don't make a payment on very old debt without understanding the consequences. In many states, making even a small payment on a time-barred debt can restart the statute of limitations, giving the collector the right to sue you again.
Don't agree to a payment plan you cannot afford. Collectors may pressure you into committing to payments that stretch your budget. You are not required to agree to their terms — you can negotiate or seek help from a nonprofit credit counselor.
Don't wait — the clock is ticking.
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Generate your debt validation →This page is general legal information for Florida, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Florida.