Sued by a debt buyer in Florida

Debt buyers must prove they own the debt. Here is what the state requires.

Checked against official sources: Oct 24, 2026.

Short answer

A debt buyer is a company that bought an old debt and now sues to collect it. 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.

Time limit to sue (written contract)
5 years
Time to answer
20 days

What a debt buyer must show in Florida

  • 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.
  • The contract, account or other document the claim is based on must be attached to the complaint.
  • In small claims, the judge may require a business that collects purchased or assigned claims to hire a lawyer.

Law: Fla. Stat. § 559.715; Fla. R. Civ. P. 1.130(a); in small claims, Fla. Sm. Cl. R. 7.050(a)(1); Fla. Sm. Cl. R. 7.050(a)(2)

What can defeat the claim in Florida

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

Too old to sue on?

Florida allows 5 years to sue on a written contract. If the debt is older, say so in your answer: the court usually won't raise it for you.

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)

More on old debts at Debt Collector Map

In nearby states

Steps against a debt buyer suit in Florida

  1. Find the plaintiff

    Debt buyers sue under their own name, not the original creditor's.

  2. Request the documents

    A documents request letter asks for the contract and proof of ownership.

  3. Don't miss the deadline

    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.

  4. List your defenses

    Say if the plaintiff hasn't shown it owns the debt, or if the debt is too old.

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)
  • If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k

Where to get free help in Florida

Questions about debt buyer suits in Florida

What does Florida require of debt buyers who sue?

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. The contract, account or other document the claim is based on must be attached to the complaint. In small claims, the judge may require a business that collects purchased or assigned claims to hire a lawyer.

What is the deadline to answer a debt suit 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.

What is the time limit to sue in Florida?

Florida allows 5 years to sue on a written contract. If the debt is older, say so in your answer: the court usually won't raise it for you.

Related Florida pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources