What happens if I miss the 20-day deadline to respond?

The court can enter a default judgment against you, which allows the debt collector to pursue wage garnishment or a bank levy without a trial. Responding on time, even with a simple answer, keeps that from happening.

Can I get a debt collection lawsuit dismissed?

It's possible if the collector can't prove they own the debt or the amount is wrong, which happens often enough with debt that's been resold. An attorney reviews the paperwork the collector filed to look for those gaps.

Do I need a lawyer if I already know I owe the debt?

Even when the debt is legitimate, an attorney can often negotiate a lower settlement or a payment plan instead of letting the case go to a judgment, which usually carries more collection power for the creditor.

Served with a debt collection lawsuit? What to do next

Getting served with a debt collection lawsuit starts a countdown. In Florida, a defendant generally has 20 days from being served to file a written response with the court, and missing that deadline can lead to a default judgment, which gives the collector the ability to garnish wages or levy a bank account without further notice.

An attorney handling this kind of case starts by reviewing whether the collector actually has standing to sue, meaning proof they own the debt and the amount claimed is accurate. Debt is frequently sold multiple times before a lawsuit is filed, and gaps in that chain of ownership are one of the most common defenses raised.

Beyond disputing the debt itself, there may be separate claims available if the collector violated the Fair Debt Collection Practices Act, such as contacting the debtor at work after being told not to, misrepresenting the amount owed, or continuing collection calls after a cease-and-desist request.

What it costs

Many consumer defense attorneys handle the initial answer to a debt collection complaint for a flat fee, since it's a fairly standardized filing, with costs rising if the case proceeds to discovery or trial. Cases involving a countersuit under the FDCPA sometimes shift fee exposure toward the collector if the consumer prevails, which is a factor an attorney will walk through at the free consultation.

Top 3 by our score

Ranked from our published scoring of public Google reviews for debt collection & consumer defense.

1. The Dellutri Law Group, PA
5.0★ · 143 reviews

92
2. Del Pino & Granados Law Firm - Abogados de Bancarrota
4.9★ · 121 reviews

90
3. The Dellutri Law Group, PA
4.9★ · 864 reviews

90

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FAQ

What happens if I miss the 20-day deadline to respond?: The court can enter a default judgment against you, which allows the debt collector to pursue wage garnishment or a bank levy without a trial. Responding on time, even with a simple answer, keeps that from happening.
Can I get a debt collection lawsuit dismissed?: It's possible if the collector can't prove they own the debt or the amount is wrong, which happens often enough with debt that's been resold. An attorney reviews the paperwork the collector filed to look for those gaps.
Do I need a lawyer if I already know I owe the debt?: Even when the debt is legitimate, an attorney can often negotiate a lower settlement or a payment plan instead of letting the case go to a judgment, which usually carries more collection power for the creditor.

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