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Florida Debt Collection Laws and Statutes

Below you will find important information on Florida state debt recovery laws including: Florida Statutes, Judgments, Garnishments, Interest Rates, and Bad Check Laws.

STATE: FLORIDA

Interest Rate

  • Legal: 11% or up to 18% maximum contractual rate if so agreed.
  • Judgment: 11%

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 4
  • Written Contract: 5
  • Domestic Judgment: 20 yr duration, if recorded acts as lien on non-homestead real property for 10 yrs; may be recorded for an additional 10 yrs. (Reflects current recording requirements)
  • Foreign Judgment: Same duration as domestic if under F.S. 55.501 et seq.

BAD CHECK LAWS (CIVIL PENALTY)

Initially face value of check plus $25.00 – $40.00, depending upon amount of check, or %5 of value, whichever is greater. If suit is required, after 30 day demand, treble amount in addition to amount owed, bank & court costs & reasonable attorney fees.

GENERAL GARNISHMENT EXEMPTIONS

FL has opted out of federal bankruptcy exemptions. 100% head of household. Liberal Homestead Exemption – Life insurance proceeds and/or cash value of policy, disability income, pension monies and retirement funds are exempt.

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