Florida Credit Card Lawsuit Defense & FCCPA Rules
Statutory limitations periods, civil procedure defense rules, and debt buyer evidentiary requirements in Florida.
Governing Statutory Framework
Primary Statutes: Florida Consumer Collection Practices Act (FCCPA, Fla. Stat. § 559.72) and Fla. Stat. § 95.11.
Jurisdiction: Trial courts, small claims divisions, and county courts in Florida.
Jurisdiction: Trial courts, small claims divisions, and county courts in Florida.
Procedural & Substantive Defenses in Florida
Credit card lawsuits in Florida are governed by the 5-year statute of limitations under Fla. Stat. § 95.11(2)(b). In County Court and Small Claims divisions, Florida Small Claims Rule 7.090 mandates an initial Pre-Trial Conference where parties participate in mandatory court mediation before any trial or summary judgment.
Mandatory Defense Steps for Florida Consumers
- Check the Summons Deadline: Immediately verify your response deadline. In Florida, missing your answer cutoff results in an immediate default judgment.
- Demand Chain of Title: File an Answer denying unauthenticated assignment claims. Force the debt buyer to produce the complete, unredacted Bill of Sale and cardholder agreement.
- Assert Statute of Limitations: If no payment has been made within the statutory period, raise the statute of limitations as your first affirmative defense.
- Challenge Unauthorized Fees: Review the complaint for unlawful interest charges, late fees, or attorney fees not authorized by original card agreements.
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