Sued in Florida? You may have only 20 days to answer
Small claims: no written answer, but go to court on the date set. County Court civil or Circuit Court: 20 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Florida
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Florida guides by topic
How to answer in Florida
Your deadline by court, the official form, fees and defenses.
Default judgment in Florida
What a default means and how to set it aside, with a calculator.
After a judgment in Florida
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Florida
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Florida
County Court – small claims
Debt cases for $8,000 or less (not counting interest, costs and attorney fees) usually go here.
Law: Fla. Sm. Cl. R. 7.010
County Court – civil
Debt cases over $8,000 and up to $50,000 (for cases filed on or after January 1, 2023).
Law: Fla. Stat. § 34.01(1)(c)
Circuit Court
Debt cases over $50,000.
Law: Fla. Stat. § 34.01
How to answer in Florida
- How to answer
Small claims: appear in person (or by video if the court allows) at the pretrial conference; if you file a written defense, you still must appear. Civil cases: file your written answer with the clerk and serve a copy on the plaintiff's lawyer.
- If you can't pay the fees
Application for Determination of Civil Indigent Status – apply to the clerk of court to be relieved of filing fees and costs. https://www.flsenate.gov/Laws/Statutes/2026/57.082
Law: Fla. Stat. § 57.082
- How you must be served
You are served as provided by law (for example, by a sheriff or certified process server). In small claims, if you live in Florida you can also be served by certified mail with a return receipt signed by you or someone authorized at your home or business.
Law: Fla. Sm. Cl. R. 7.070(a); Fla. R. Civ. P. 1.070
Law: Fla. Sm. Cl. R. 7.090(a)-(c); Fla. R. Civ. P. 1.140(a)(1)
Defenses to know in Florida
- Defenses in Florida law
Time limits to sue: 5 years for a written contract, 4 years for an unwritten one or a store account, and 3 years for debt for services from a licensed hospital or similar facility (that clock starts when the facility sends the debt to a third party for collection). Other points to check: whether the plaintiff attached the documents its claim is based on and whether a debt buyer gave you the 30-day assignment notice.
Law: Fla. Stat. § 95.11(2)(b), (3)(j), (4); Rule 1.130; Sm. Cl. R. 7.050(a)(1); § 559.715
- Debt buyer lawsuits
- A company that buys or is assigned a consumer debt must send you written notice of the assignment at least 30 days before it takes any action to collect. Debt buyer lawsuits in Florida: the full rules
- Time limit to sue (written contract)
- 5 years · More on old debts at Debt Collector Map
If you missed the deadline in Florida
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
Small claims: if you do not appear at the pretrial conference, the plaintiff is entitled to a default, and the judge enters judgment after reviewing evidence of the damages. Civil cases: if you file nothing, the clerk enters a default; if you filed something but did not defend, the court can.
- How to set it aside (cancel it)
File a motion for relief from judgment for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud – within a reasonable time and no later than 1 year after the judgment. A void judgment can be challenged within a reasonable time. Small claims: Fla. Sm. Cl. R. 7.190(b); civil cases: Fla. R. Civ. P. 1.500(d) and 1.540(b).
Law: Fla. Sm. Cl. R. 7.170, 7.190(b); Fla. R. Civ. P. 1.500, 1.540(b)
Count your deadline to set aside a default
Mediation and settlement in Florida
In small claims, mediation may take place at the pretrial conference, and any agreement must be written as a stipulation that can be entered as a court order.
Law: Fla. Sm. Cl. R. 7.090(f)-(g)
If there is a judgment in Florida
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
The Chief Financial Officer sets the rate each quarter (average Federal Reserve discount rate for the past 12 months plus 4%). The rate in effect when the judgment is entered is adjusted every January 1. The rate effective October 1, 2026 is 7.87% a year. A written contract can set a different rate.
- How long it lasts
A creditor can sue on a Florida judgment for up to 20 years. A recorded judgment is a lien on real property for 10 years and can be extended once for another 10 years by re-recording; no lien lasts more than 20 years from entry.
Law: Fla. Stat. §§ 55.03, 95.11(1), 55.10, 55.081
Garnishment, bank levy and exemptions in Florida
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
If you are a head of family (you provide more than half the support of a child or other dependent), all your disposable earnings up to $750 a week are protected, and more than that is protected too unless you agreed in a separate signed writing. Everyone else: the federal limit.
Law: Fla. Stat. § 222.11; 15 U.S.C. § 1673
- Bank levy (freezing and taking money in your bank account)
The creditor gets a writ of garnishment served on your bank, and must mail you the writ, the motion and a 'Notice to Defendant' within 5 business days after the writ is issued or 3 business days after it is served on the bank, whichever is later. A head of family's exempt wages stay protected in a bank account for 6 months after deposit if they can be traced as wages.
Law: Fla. Stat. § 222.11(3)
- How to claim an exemption
Fill out the Claim of Exemption and Request for Hearing form that comes with the Notice to Defendant, have it notarized, and file it with the clerk within 20 days after you receive the notice. Mail or deliver copies to the plaintiff and the bank or employer. If the plaintiff does not file a sworn objection within 8 business days (hand delivery) or 14 business days (mail), the writ is dissolved and your money is released; if it objects, a hearing is held as soon as possible.
- Exemption form
- https://www.flsenate.gov/Laws/Statutes/2026/77.041
Law: Fla. Stat. § 77.041
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Florida
Count your deadline to claim an exemption
Free help in Florida
- Florida Law Help (free civil legal aid, LawHelp network)
- The Florida Bar Lawyer Referral Service · 800-342-8011
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Florida
- In small claims you must show up in person at the pretrial conference even if you sent a written answer; filing papers does not excuse your appearance (Fla. Sm. Cl. R. 7.090(c)).
- Florida judgment interest changes every quarter; the rate on the day the judgment is entered applies and is reset each January 1 (Fla. Stat. § 55.03).
Changes in 2024–2026
A 2024 law (ch. 2024-183) added a 3-year time limit to sue on medical debt for services from a licensed hospital or similar facility. Major amendments to the Florida Rules of Civil Procedure took effect January 1, 2025, with further changes to Rule 1.500 (defaults) effective January 1, 2026.
Law: Fla. Stat. § 95.11(4); case management under Rules 1.200-1.202 and initial discovery disclosures under Rule 1.280(a); Florida Rules of Civil Procedure, Oct. 1, 2026 edition, history table
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Florida
How long do I have to answer a debt lawsuit in Florida?
Small claims: you (or your lawyer) must appear at the pretrial conference on the date and time on your Summons/Notice to Appear; a written answer is not required. County Court civil and Circuit Court: serve a written answer within 20 days after you are served.
How do I answer a debt lawsuit in Florida?
Small claims: appear in person (or by video if the court allows) at the pretrial conference; if you file a written defense, you still must appear. Civil cases: file your written answer with the clerk and serve a copy on the plaintiff's lawyer.
What if I can't afford the court fees in Florida?
Application for Determination of Civil Indigent Status – apply to the clerk of court to be relieved of filing fees and costs. https://www.flsenate.gov/Laws/Statutes/2026/57.082
What happens if I don't answer in Florida?
Small claims: if you do not appear at the pretrial conference, the plaintiff is entitled to a default, and the judge enters judgment after reviewing evidence of the damages. Civil cases: if you file nothing, the clerk enters a default; if you filed something but did not defend, the court can.
Can I cancel a default judgment in Florida?
File a motion for relief from judgment for mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud – within a reasonable time and no later than 1 year after the judgment. A void judgment can be challenged within a reasonable time. Small claims: Fla. Sm. Cl. R. 7.190(b); civil cases: Fla. R. Civ. P. 1.500(d) and 1.540(b).
How much interest does a judgment add in Florida?
The Chief Financial Officer sets the rate each quarter (average Federal Reserve discount rate for the past 12 months plus 4%). The rate in effect when the judgment is entered is adjusted every January 1. The rate effective October 1, 2026 is 7.87% a year. A written contract can set a different rate.
How long does a judgment last in Florida?
A creditor can sue on a Florida judgment for up to 20 years. A recorded judgment is a lien on real property for 10 years and can be extended once for another 10 years by re-recording; no lien lasts more than 20 years from entry.
Can my wages be garnished in Florida?
If you are a head of family (you provide more than half the support of a child or other dependent), all your disposable earnings up to $750 a week are protected, and more than that is protected too unless you agreed in a separate signed writing. Everyone else: the federal limit.
Can a creditor take money from my bank account in Florida?
The creditor gets a writ of garnishment served on your bank, and must mail you the writ, the motion and a 'Notice to Defendant' within 5 business days after the writ is issued or 3 business days after it is served on the bank, whichever is later. A head of family's exempt wages stay protected in a bank account for 6 months after deposit if they can be traced as wages.
How do I claim an exemption in Florida?
Fill out the Claim of Exemption and Request for Hearing form that comes with the Notice to Defendant, have it notarized, and file it with the clerk within 20 days after you receive the notice. Mail or deliver copies to the plaintiff and the bank or employer. If the plaintiff does not file a sworn objection within 8 business days (hand delivery) or 14 business days (mail), the writ is dissolved and your money is released; if it objects, a hearing is held as soon as possible.
More help on our sister sites
Sources
- Florida Small Claims Rules (July 1, 2026)
- Florida Rules of Civil Procedure (Oct. 1, 2026)
- Fla. Stat. § 34.01 (county court jurisdiction)
- Fla. Stat. § 55.03 (judgment interest)
- Fla. Stat. § 55.10 (judgment lien)
- Fla. Stat. § 55.081
- Fla. Stat. § 95.11
- Fla. Stat. § 77.041 (claim of exemption)
- Fla. Stat. § 559.715 (assignment of consumer debts)
- Fla. Stat. § 57.082 (civil indigent status)
- Florida CFO – Current Judgment Interest Rates
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?