Credit Card Debt Collections Limitations In Florida

Floridians who are contacted by debt collectors have the right to limit collectors' contact with them or cut off contact altogether if they don't believe they owe the debt in question. In any case, debt collectors must provide consumers with legitimate information about collection accounts and turn over documentation on credit card accounts that debtors dispute.

Statute of Limitations

Florida's statute of limitations on credit card debt is four years. That means a creditor has four years to sue a consumer to collect money owed on a credit card account. A card issuer or debt collection company that sues or threatens to sue a Floridian to collect a debt, after the statute of limitations expires, is violating the U.S. Fair Debt Collection Practices Act.

Collector Contact

Florida also limits collectors' contact with consumers. For example, a collector may not contact a debtor before 8 a.m. or after 9 p.m., local time, unless the debtor agrees to be contacted earlier or later. Floridians also can write a letter to a collection company to tell the company to stop contacting them. However, the company may then pursue other actions to recoup a debt, which could include filing a lawsuit.

Debt Validation

According to the Florida Attorney General's Office, debt collectors are required to send debtors a written notice within five days of their initial contact with them to clarify the money owed. The notice must show the name of the creditor linked to the debt along with the credit card account number and other account information. Floridians who believe they do not owe the debt should inform the collection agency of that in writing within 30 days of receiving their first collection notice. The agency may not contact a debtor afterward, unless it sends a copy of a bill or other documentation that proves its information on the debt is accurate.

Consumer Complaints

Debt collectors are also prohibited from misrepresenting themselves or a debt obligation to Floridians to pressure them to pay off a credit card account. For instance, a collector may not falsely claim to be an attorney or inflate the amount that a debtor may owe. Residents can file complaints about debt collection companies with Florida's Department of Financial Services or with the U.S. Federal Trade Commission. Floridians also can file lawsuits against companies for violating debt collection laws. Debtors who prevail in court may be awarded damages and recoup attorneys' fees and court costs associated with filing their suits.