Getting served with a lawsuit by a debt buyer is terrifying. But you have rights — and a default judgment is not inevitable. Learn how to respond to a complaint, assert defenses, and turn the tables with FDCPA counterclaims.
This is not optional. If you've been served with a debt collection lawsuit in Florida, you have 20 days from the date you were served to file a written response with the court. If you miss this deadline, the debt collector wins by default judgment — and they can then garnish your wages, freeze your bank accounts, and levy your property.
Do not ignore the lawsuit. Do not hope it goes away. Do not wait for a trial. The debt collector is counting on you not responding. A default judgment is a judgment against you, and it's very difficult to undo once entered.
The good news: You have more defenses than you probably think. Debt buyers — companies like Midland Credit Management, LVNV Funding, Portfolio Recovery Associates, and Cavalry SPV — frequently cannot prove they own the debt or have the right to collect it. They cut corners, fail to follow the FDCPA, and violate your rights. We can fight back.
The company suing you is probably not the original creditor. Understanding this is key to your defense.
When you default on a credit card, medical debt, or personal loan, the original creditor often sells the debt to a debt buyer — a company that purchases portfolios of old debts for pennies on the dollar. These debt buyers then try to collect (or sue) for the full amount, keeping the difference as profit.
Major debt buyers include:
The critical issue: Debt buyers often cannot prove they own the debt or have the legal right to collect it. When debts are sold, they change hands multiple times. Documentation gets lost. Chains of title break. A debt buyer might have purchased your account, but they may not have the actual original contract, account statements, or proof of the amount owed. If they cannot prove these things, they cannot win the case — and you can countersue them for FDCPA violations.
The debt collector must prove their case. Here are the most common defenses that succeed.
In Florida, the statute of limitations for written contracts (credit cards, loans) is 5 years. If the last payment or charge was more than 5 years ago, the debt is time-barred and cannot be collected. The debt buyer still owns it, but they lost the legal right to sue.
Debt buyers must prove they own the debt and have the legal right to collect it. If they cannot produce the original contract, account statements, or a proper chain of title through all purchases, they cannot meet their burden of proof.
The debt buyer might claim you owe $5,000 when the original debt was $2,500. Or they cannot prove the amount without producing account statements. If they cannot verify the exact amount owed, they lose.
Sometimes debt buyers mix up consumers. You may have a similar name to someone else, or your account got confused with another. If the debt is not actually yours, this is a complete defense.
If you paid the debt, have proof of payment, or filed a dispute with the original creditor that was never resolved, you can assert this. Keep all proof of payment and communication.
The debt buyer must properly serve you with the lawsuit. If service was improper, the court may not have jurisdiction. Additionally, if the debt buyer cannot prove they have standing to sue (ownership), the case fails.
If the debt buyer violated the Fair Debt Collection Practices Act, you can countersue and potentially win money.
The Fair Debt Collection Practices Act (FDCPA) — 15 U.S.C. § 1692 et seq. — is a federal law that prohibits debt collectors from using abusive, unfair, and deceptive practices. If a debt collector violates the FDCPA, you can sue them and recover $1,000 per violation plus your actual damages (attorney's fees, costs, emotional distress, etc.). The violator pays the costs — not you.
Common FDCPA Violations:
When you file your Answer to the debt collection lawsuit, you should also file a Counterclaim for FDCPA violations. Many debt collectors will settle the original claim and pay you a settlement to drop your counterclaim.
Gather these documents immediately. They are your defense.
Original Account Documents:
Collection Activity Documents:
Timeline and Personal Records:
If you don't have these documents, don't panic. Discovery will allow us to request them from the debt buyer. Often, the fact that they cannot produce proper documentation is your winning defense.
Follow these steps in order. Each is critical to your defense.
Within 20 days of service, file a written Answer with the court denying the key allegations and asserting defenses. If you don't know how, contact us. Filing a simple Answer stops the default judgment.
In your Answer, assert the defenses that apply: statute of limitations, improper service, lack of standing, wrong amount, etc. Also file a Counterclaim for FDCPA violations if applicable.
Once your Answer is filed, request discovery from the debt buyer. Demand they produce the original contract, account statements, chain of title, and proof of service. Their inability to produce these items proves your defense.
If the debt buyer cannot prove their case during discovery, they will usually settle. We negotiate the best outcome for you. If they won't settle, we take it to trial where a judge decides the case.