Use this debt collection guide to build a clear demand letter for Miami.
Collecting Debts in Miami: Your Complete Guide to Debt Recovery Under Florida Law
Miami's dynamic economy, encompassing international trade through PortMiami, the tourism industry of Miami Beach, the financial services sector in Brickell, and the diverse small business community throughout Miami-Dade County, generates countless business transactions and personal lending arrangements. When individuals or businesses fail to honor their payment obligations, creditors face the challenge of recovering what they are owed. Understanding your rights and the legal framework for debt collection in Florida is essential for anyone seeking to collect on legitimate debts in the Miami metropolitan area.
Florida law provides multiple avenues for creditors to pursue outstanding debts, from informal demand letters to formal court proceedings. The legal framework balances the rights of creditors to collect legitimate obligations against protections for debtors from abusive collection practices. Whether you are a small business owner in Coral Gables trying to collect on unpaid invoices, a landlord in Hialeah pursuing past-due rent, or an individual in Kendall seeking repayment of a personal loan, Florida's civil courts and statutory framework provide structured processes for debt recovery.
Miami-Dade County's court system handles thousands of debt collection matters annually, from small claims cases in the County Court to complex commercial disputes in the Circuit Court. The Eleventh Judicial Circuit, which serves Miami-Dade County, has established procedures and local rules that govern how collection cases proceed. Understanding these procedures, along with the applicable statutes of limitations and evidentiary requirements, is crucial for successful debt recovery.
This comprehensive guide is designed for Miami creditors who need to collect on debts owed by individuals or businesses. We will examine the Florida statutes governing debt collection, explain the procedural requirements for demand letters, detail the evidence needed to prove a debt in court, identify critical deadlines, and provide guidance on enforcement of judgments. Whether your debt arises from a written contract, oral agreement, open account, or promissory note, understanding these concepts is essential for protecting your financial interests.
The economic diversity of Miami creates unique collection challenges. Debtors may have assets in multiple forms, from real estate holdings to business interests to bank accounts. Florida's exemption laws protect certain debtor assets from collection, while other assets remain available to satisfy judgments. A well-crafted collection strategy, beginning with a proper demand letter and potentially culminating in judgment enforcement, can make the difference between recovering your money and writing off a bad debt.
Florida Debt Collection Law: Statutes and Procedures for Miami Creditors
Florida's debt collection framework is governed by a combination of state statutes, common law principles, and federal regulations that apply when professional debt collectors are involved. Understanding this legal landscape is essential for Miami creditors seeking to collect on outstanding obligations while remaining compliant with applicable law.
The Florida Consumer Collection Practices Act (FCCPA), codified in Florida Statutes Sections 559.55-559.785, regulates debt collection activities in Florida. While primarily focused on protecting consumers from abusive collection practices, the FCCPA also establishes standards that all collectors must follow. The Act prohibits practices such as simulating legal process, threatening arrest or criminal prosecution for debt, communicating with employers about consumer debts except in limited circumstances, and using threats of violence or other criminal means. Violations can result in actual damages, statutory damages, and attorney's fees.
For professional debt collectors, the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. Section 1692 et seq., provides additional regulation. The FDCPA applies to third-party debt collectors and requires specific disclosures, prohibits harassment, and gives consumers the right to dispute debts and request verification. However, the FDCPA generally does not apply to original creditors collecting their own debts, which is the focus of this guide.
Florida's statute of limitations for debt collection varies based on the type of obligation. Under Florida Statutes Section 95.11, written contracts have a five-year statute of limitations, while oral contracts have a four-year limitation period. Open accounts, such as credit card debts, have a five-year limitation period under Section 95.11(2)(b). Promissory notes have a five-year limitation period. Once the statute of limitations expires, the debt is not extinguished, but the debtor gains an affirmative defense to any lawsuit, making collection through litigation impractical.
Prejudgment interest in Florida is governed by Florida Statutes Section 687.01, which sets the general interest rate at 12% per year for commercial transactions unless a different rate is specified in the contract. For contracts that specify an interest rate, Florida Statutes Section 687.02 limits consumer loans to 18% simple interest per year, though higher rates are permitted in certain circumstances. The contract between the parties controls the applicable interest rate.
Florida courts have jurisdiction over debt collection matters based on the amount in controversy. Small Claims Court, a division of County Court, handles claims up to $8,000. County Court has jurisdiction over civil matters up to $50,000. Circuit Court handles matters exceeding $50,000. For Miami-Dade County, cases are filed in the Eleventh Judicial Circuit. Venue is generally proper in the county where the debtor resides, where the contract was entered, or where the breach occurred.
Once a judgment is obtained, Florida law provides various enforcement mechanisms. Florida Statutes Chapter 56 governs execution on judgments. Creditors can pursue wage garnishment under Florida Statutes Section 77.0305, which limits garnishment to 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage, whichever is less. Bank account garnishment is available for non-exempt funds. Judgment liens can be recorded against real property under Florida Statutes Section 55.10, remaining valid for 10 years and renewable for an additional 10 years.
Florida provides significant exemptions protecting debtor assets. The homestead exemption under Article X, Section 4 of the Florida Constitution protects an unlimited amount of equity in a debtor's primary residence within specified acreage limits. Florida Statutes Section 222.11 provides a wage exemption for heads of household. Section 222.13 exempts certain personal property. Section 222.14 protects specified retirement accounts. Understanding these exemptions is crucial for developing realistic collection expectations.
For business debts, Florida law allows for prejudgment remedies in certain circumstances. Prejudgment attachment under Florida Statutes Chapter 76 is available when there is reason to believe the debtor will dispose of property to avoid collection. Prejudgment garnishment is available under Chapter 77 for debts evidenced by written instruments. These remedies require posting a bond and meeting specific statutory requirements.
Step-by-Step Guide to Creating an Effective Debt Collection Demand Letter in Miami
Before sending a demand letter, ensure you have complete documentation establishing the debt. Gather the original contract, promissory note, or agreement creating the obligation. Compile invoices, statements, and payment records showing the amount owed. Calculate the total debt including principal, accrued interest at the contractual or statutory rate, and any fees permitted by the agreement. Verify that the statute of limitations has not expired on the debt. Confirm you have the correct legal name and current address of the debtor.
Determine when the debt became due and calculate whether the applicable statute of limitations has run. For written contracts, you have five years from the date of breach. For oral agreements, you have four years. For open accounts, you have five years from the last activity on the account. If the statute of limitations has expired, you may still send a demand letter, but you cannot threaten litigation, and any lawsuit filed would be subject to dismissal if the debtor raises the defense.
Determine the correct legal name of the debtor. For individuals, verify their full legal name and current address. For businesses, search the Florida Division of Corporations database at Sunbiz.org to confirm the entity's legal name, status, and registered agent address. If the business is dissolved, identify the individual principals who may be personally liable. Sending demand letters to incorrect entities wastes time and may not constitute proper notice.
Prepare a detailed accounting of the debt. Start with the original principal amount. Add accrued interest calculated at the contractual rate or, if no rate is specified, at the statutory rate of 12% for commercial debts. Include any late fees, collection costs, or attorney's fees if permitted by the contract. Create an itemized breakdown showing how you arrived at the total. This transparency demonstrates legitimacy and reduces debtor objections.
Prepare a professional demand letter on your letterhead or personal stationery. Include your name, address, and contact information. State the date clearly. Address the letter to the debtor by their legal name at their current address. Use a clear subject line indicating this is a demand for payment and including any relevant account or invoice numbers. Begin with a direct statement that this letter constitutes a formal demand for payment of the debt.
Provide a clear explanation of how the debt arose. Reference the contract, agreement, or transaction that created the obligation. Include relevant dates, such as when the contract was signed, when services were provided, or when payment was due. Identify the goods or services provided, or the loan advanced. Be specific and factual without being verbose. This establishes the legitimacy of your claim and provides the debtor with context.
Clearly state the total amount you are demanding. Provide an itemized breakdown showing: the original principal amount; the period over which interest has accrued; the interest rate applied and the total interest due; any late fees assessed; any collection costs or attorney's fees claimed; and the grand total. Attach supporting documentation such as copies of invoices, statements, or the contract. This detail supports your claim and reduces disputes.
Provide a specific deadline for payment, typically 10 to 30 days from the date of the letter. State the deadline as a specific calendar date rather than a relative timeframe. Indicate that if payment is not received by this deadline, you will pursue further legal action to recover the debt. This creates urgency and establishes a clear timeline for escalation.
Provide clear instructions for how the debtor should make payment. Include acceptable payment methods such as check, money order, or wire transfer. Provide the address where payments should be sent or banking information for electronic payments. If you are willing to accept a payment plan, you may indicate your willingness to discuss arrangements, though this should not undermine the demand for full payment.
Explain the consequences if the debtor fails to pay. Indicate that you will file a lawsuit in the appropriate Florida court to recover the debt. Mention that if you obtain a judgment, you may pursue wage garnishment, bank account garnishment, or liens on property. Note that a judgment may affect the debtor's credit. Reference your right to recover attorney's fees and court costs if your contract provides for fee-shifting. These consequences create incentive for the debtor to respond.
Include a statement that this demand is made pursuant to Florida law and does not waive any of your legal rights or remedies. Note that you reserve the right to add accruing interest to the amount due. If the contract contains an attorney's fees provision, reference your intent to seek fees if litigation becomes necessary. This language protects your legal position.
Send your demand letter via USPS Certified Mail with Return Receipt Requested. This creates proof that the debtor received the letter and establishes when the payment deadline began. Keep the certified mail receipt and the green return receipt card as evidence. Consider also sending a copy via regular first-class mail and email if you have the debtor's email address. Maintain copies of all correspondence in your file.
Essential Evidence for Debt Collection in Miami: Proving Your Claim
Written Contracts and Agreements: The strongest foundation for any debt collection case is a written contract signed by the debtor. This document establishes the terms of the agreement, including the amount owed, payment terms, interest rate, and any provisions for attorney's fees or collection costs. Keep the original contract and make copies for court filings. If the contract was modified, maintain documentation of all amendments. Ensure the contract clearly identifies the debtor by name matching their legal identity.
Promissory Notes and Loan Documents: For loan transactions, the promissory note is the primary evidence of the debt. The note should state the principal amount, interest rate, payment schedule, maturity date, and the consequences of default. Maintain records of all payments received and how they were applied to principal and interest. If the note was secured by collateral, retain documentation of the security agreement and any UCC financing statements filed.
Invoices and Billing Records: For open account or service-based debts, invoices constitute key evidence. Each invoice should clearly identify the goods or services provided, the date of service, the amount charged, payment terms, and any purchase order numbers or references. Maintain a complete history of all invoices sent to the debtor. Account statements showing the running balance, payments received, and amounts outstanding demonstrate the ongoing relationship and the debt's accumulation.
Delivery Confirmation and Proof of Services: For goods sold, maintain delivery receipts, shipping documents, and signed acknowledgments of receipt. For services rendered, keep time records, work logs, completion certificates, and any written acknowledgment from the debtor that services were performed satisfactorily. This evidence defeats claims that goods were never received or services were not provided.
Payment History and Account Records: A complete payment history supports your claim and shows the debtor's pattern of payment or non-payment. Document every payment received, including date, amount, check number or transaction reference, and how the payment was applied. Show the dates and amounts of any returned checks or failed payments. Calculate the running balance to demonstrate how the current amount due was determined.
Correspondence and Communications: Save all communications with the debtor regarding the debt. This includes emails, text messages, letters, and notes from phone conversations documenting the date, time, participants, and substance of the conversation. Pay particular attention to any acknowledgment of the debt by the debtor, promises to pay, or requests for extensions. Such communications can restart the statute of limitations or serve as admissions in court.
Demand Letters and Responses: Maintain copies of all demand letters sent, along with certified mail receipts and return receipt cards proving delivery. If the debtor responded to your demand, keep that correspondence as well. Any response may contain admissions or defenses that inform your litigation strategy. Lack of response after proper notice can be noted in court filings.
Business Records Affidavit: To introduce your records as evidence in court, Florida law requires compliance with the business records exception to the hearsay rule under Florida Statutes Section 90.803(6). Prepare a business records affidavit certifying that the records were made at or near the time of the transactions, kept in the regular course of business, and that it was the regular practice to make such records. This affidavit is essential for summary judgment motions and trial.
Identification of the Debtor: Confirm and document the debtor's identity. For individuals, maintain records showing their full legal name, Social Security number if known, address, and any identifying information. For businesses, obtain the Florida Division of Corporations registration showing the entity's legal name, registration number, registered agent, and principals. This information is necessary for proper service of process and judgment enforcement.
Critical Deadlines for Debt Collection in Florida
Statute of Limitations for Written Contracts: Florida Statutes Section 95.11(2)(b) establishes a five-year statute of limitations for actions on written contracts, including promissory notes and written agreements for goods or services. The limitations period begins to run when the cause of action accrues, typically when the debtor defaults on the payment obligation. Each missed payment may trigger a separate accrual date for installment contracts, depending on the contract's acceleration provisions.
Statute of Limitations for Oral Agreements: For oral contracts and verbal promises to pay, Florida Statutes Section 95.11(3)(k) provides a four-year statute of limitations. Proving oral agreements presents additional challenges since there is no written documentation of terms. The four-year period runs from the date of breach or default.
Statute of Limitations for Open Accounts: Open accounts, including credit arrangements where multiple transactions occur under a continuing relationship, have a five-year statute of limitations under Florida Statutes Section 95.11(2)(b). The limitations period typically runs from the date of the last transaction or payment on the account, depending on the nature of the account relationship.
Tolling and Restarting the Statute of Limitations: The statute of limitations can be tolled or restarted in certain circumstances. A debtor's partial payment on the debt, or a written acknowledgment of the debt, may restart the limitations period under Florida common law. However, oral promises do not restart the period for written contracts. Absence from Florida may toll the statute under Florida Statutes Section 95.051.
Judgment Liens and Duration: Once you obtain a judgment, it can be recorded as a lien against the debtor's real property. Under Florida Statutes Section 55.10, a judgment lien against real property is valid for 10 years from the date of recording. The lien can be renewed for an additional 10 years by re-recording before expiration. Personal property judgment liens under Section 55.202 are valid for 5 years.
Execution and Garnishment Deadlines: After obtaining a judgment, you must act to enforce it. Under Florida Statutes Section 55.081, a judgment becomes dormant if no execution is issued within 20 years. Writs of execution must be levied within 60 days of issuance. Garnishment proceedings must be initiated by filing a motion and serving the writ on the garnishee.
Response to Demand Letter: A typical demand letter should provide the debtor 10 to 30 days to respond or pay. This timeframe is considered reasonable under Florida practice. After the deadline passes without payment, you may proceed to file suit. However, there is no legal requirement to send a demand letter before filing suit in most debt cases.
Small Claims Court Procedures: In Miami-Dade County Small Claims Court, after filing your claim, the clerk sets a pretrial conference date, typically within 30 to 45 days. At the pretrial conference, the court may attempt mediation. If the case does not settle, a trial date is set. The entire process from filing to judgment may take two to four months if the case is contested.
Appeals Deadline: If you obtain an unfavorable judgment or need to appeal a court ruling, Florida Rule of Appellate Procedure 9.110 requires filing a notice of appeal within 30 days of the rendition of the order being appealed. Missing this deadline waives your right to appeal.
Common Mistakes to Avoid When Collecting Debts in Miami
Waiting Until the Statute of Limitations is Near Expiration: One of the most damaging mistakes creditors make is waiting too long to pursue collection. As time passes, evidence is lost, witnesses become unavailable, debtors move or dissipate assets, and eventually the statute of limitations expires. Once the limitations period runs, your claim becomes unenforceable. Begin collection efforts promptly after default and monitor the applicable deadline carefully.
Failing to Verify the Debtor's Identity and Address: Sending demand letters to the wrong person or address wastes time and may not constitute proper notice. Before initiating collection, verify the debtor's current legal name and address. For businesses, search the Florida Division of Corporations to confirm the entity exists and is active. Process serving to an incorrect address will not establish jurisdiction over the debtor.
Not Documenting the Debt Adequately: Many collection efforts fail because the creditor cannot prove the debt in court. Courts require evidence of the original agreement, the amount owed, and the debtor's default. Maintain complete records from the inception of the debt relationship. If you cannot produce a signed contract or detailed account records, your case becomes much more difficult to prove.
Making Improper Threats or Misrepresentations: The Florida Consumer Collection Practices Act prohibits certain conduct in collecting debts. Do not threaten criminal prosecution for civil debts, claim to be an attorney when you are not, threaten actions you cannot legally take, or use abusive language. Violations expose you to liability and undermine your credibility. Keep all communications professional and factual.
Ignoring Debtor Defenses and Counterclaims: Debtors may have legitimate defenses or counterclaims that reduce or eliminate the debt. Common defenses include payment, accord and satisfaction, statute of limitations, breach of contract by the creditor, fraud, or defective goods or services. Before filing suit, evaluate whether the debtor has viable defenses. A debtor who asserts counterclaims could end up with a judgment against you.
Failing to Comply with Service of Process Requirements: Florida has strict requirements for serving legal documents on defendants. Improper service results in lack of jurisdiction over the debtor and voidable judgments. Follow Florida Rule of Civil Procedure 1.070 for service methods. Use a certified process server or the sheriff's office. If the debtor evades service, you may need to pursue service by publication under Florida Statutes Section 49.011, which adds time and expense.
Not Researching the Debtor's Assets Before Filing Suit: Before investing in litigation, investigate whether the debtor has assets to satisfy a judgment. If the debtor is judgment-proof due to lack of non-exempt assets, pursuing litigation may be futile. Florida's homestead exemption, wage exemptions, and retirement account protections can shield significant assets. A judgment you cannot collect is merely a piece of paper.
Miscalculating Interest and Damages: Errors in calculating the amount owed can undermine your case and expose you to claims of bad faith. Ensure your interest calculations are accurate and comply with the contractual rate or statutory rate. Do not claim fees or costs not authorized by contract or statute. Provide detailed, verifiable calculations supporting your claimed damages.
Failing to Pursue Judgment Enforcement Promptly: Obtaining a judgment is only the first step. Many creditors fail to aggressively pursue enforcement, allowing debtors to move assets, file bankruptcy, or become harder to locate. Immediately record judgment liens against real property. Pursue wage garnishment, bank garnishment, or execution on personal property. Monitor the debtor's financial situation and act on enforcement opportunities.
Frequently Asked Questions: Debt Collection in Miami, Florida
Florida's statute of limitations for debt collection varies by type of debt. Written contracts, including promissory notes, have a five-year limitations period under Florida Statutes Section 95.11(2)(b). Oral agreements have a four-year limitations period under Section 95.11(3)(k). The period begins when the debtor defaults on the obligation. Once the statute of limitations expires, the debtor can raise it as an affirmative defense to bar collection through the courts.
Technically, the debt still exists after the statute of limitations expires, but your ability to enforce it through the courts is severely limited. If you file suit, the debtor can assert the statute of limitations as a complete defense, and your case will be dismissed. You can still request voluntary payment, but you cannot threaten litigation. A partial payment or written acknowledgment by the debtor may restart the limitations period in some circumstances.
Florida Statutes Section 687.02 limits interest on consumer loans to 18% simple interest per year. However, higher rates are permitted for business loans and commercial transactions. If your contract specifies an interest rate, that rate generally applies. If no rate is specified, Florida Statutes Section 687.01 sets the legal rate at 12% per year. Post-judgment interest accrues at the rate set by the Chief Financial Officer, typically around 4-6% per year.
Yes, but with limitations. Under Florida Statutes Section 77.0305, wage garnishment is limited to the lesser of 25% of disposable earnings or the amount by which weekly earnings exceed 30 times the federal minimum hourly wage. Additionally, Florida Statutes Section 222.11 provides a complete wage exemption for heads of households who earn less than $750 per week, unless they have agreed in writing to the garnishment.
Florida has one of the strongest homestead exemptions in the nation. Article X, Section 4 of the Florida Constitution protects an unlimited amount of equity in a debtor's primary residence, subject to acreage limitations of half an acre in municipalities or 160 acres outside municipalities. A judgment lien does attach to homestead property, but it cannot be forced to sale while the homestead exemption applies. The lien remains in case the property is sold or loses its homestead status.
The court depends on the amount you are seeking. For claims up to $8,000, file in Miami-Dade County Small Claims Court, which is a division of County Court. For claims between $8,001 and $50,000, file in County Court. For claims exceeding $50,000, file in the Eleventh Judicial Circuit Court. All Miami-Dade County courts are located in the courthouse complex at 73 West Flagler Street in downtown Miami, with additional branch locations throughout the county.
You are not required to have an attorney for debt collection, and individuals can represent themselves in court. However, corporations must be represented by an attorney in all Florida courts except Small Claims Court, where a corporate employee may appear. For complex cases, cases involving large amounts, or cases requiring judgment enforcement, an attorney's expertise can significantly improve your chances of success and full recovery.
When a debtor files bankruptcy, an automatic stay immediately stops all collection activity under 11 U.S.C. Section 362. You must cease sending demand letters, pursuing lawsuits, or attempting to collect. Violating the automatic stay can result in sanctions. You may file a proof of claim in the bankruptcy case to participate in any distribution to creditors. Depending on the type of bankruptcy and the debtor's assets, you may receive partial payment or your debt may be discharged entirely.
What to Expect When Collecting Debts in Miami
Settlement expectations for debt collection in Miami depend on numerous factors, including the size and age of the debt, the debtor's financial situation, the strength of your documentation, and whether the debt is disputed. Understanding realistic outcomes helps creditors develop effective strategies and evaluate settlement opportunities.
Many debt collection matters are resolved through pre-litigation settlement after a well-crafted demand letter. A professional demand letter that clearly establishes the debt, provides supporting documentation, sets a reasonable deadline, and outlines consequences often motivates debtors to pay or negotiate. Settlement at this stage is efficient, avoiding the costs and delays of litigation. Creditors should generally accept reasonable payment plans if they secure the amount owed, as full immediate payment may not be realistic for financially distressed debtors.
For debtors who ignore demand letters or dispute the debt, litigation becomes necessary. Small Claims Court in Miami-Dade County provides a relatively quick and inexpensive forum for claims up to $8,000. Filing fees are modest, attorneys are not required, and cases typically reach resolution within two to four months. For larger claims, County Court or Circuit Court proceedings take longer and involve more formal procedures, but allow recovery of larger amounts.
Collection rates vary significantly based on the age and nature of the debt. Fresh debts from established business relationships typically have higher collection rates than old debts from one-time transactions. Debts with strong documentation, such as signed contracts and detailed invoices, fare better than debts based on oral agreements or incomplete records. Consumer debts may be more difficult to collect than business debts due to exemption protections.
Even after obtaining a judgment, collection is not guaranteed. Florida's exemption laws protect significant debtor assets, including unlimited homestead equity, wages for heads of household, and retirement accounts. Judgment debtors may have no non-exempt assets available for collection. Before investing in litigation, research the debtor's financial situation to assess whether a judgment would be collectible.
When debtors offer settlements for less than the full amount, carefully evaluate the offer. A smaller certain recovery may be preferable to the uncertainty and expense of litigation. Consider the debtor's ability to pay, the age of the debt, the strength of your case, and the costs of continued pursuit. Settlement agreements should be in writing, specify the amount and terms, and address release of claims.
Professional debt collection agencies can be engaged for difficult cases. Collection agencies typically charge 25% to 50% of amounts collected, depending on the age and size of the debt. They have experience locating debtors, negotiating settlements, and pursuing judgment enforcement. For larger or more complex matters, collection attorneys can pursue litigation and enforcement on contingency arrangements.
Miami Debt Collection Resources and Contacts
Miami-Dade County Courthouse (Eleventh Judicial Circuit): Civil cases including debt collection litigation are filed here.
Main Courthouse: 73 West Flagler Street, Miami, FL 33130
Phone: (305) 275-1155
Website: jud11.flcourts.org
Small Claims information available through the Clerk of Courts
Miami-Dade County Clerk of Courts: Filing civil cases, obtaining court records, and recording judgment liens.
Phone: (305) 275-1155
Website: miami-dadeclerk.com
Online case search and document filing available
Florida Division of Corporations: Research business entities to verify debtor names and find registered agent information.
Website: sunbiz.org
Entity searches available online
Phone: (850) 245-6052
Miami-Dade County Property Appraiser: Research real property ownership for judgment lien recording and asset investigation.
Website: miamidade.gov/pa
Phone: (305) 375-4712
Online property search available
Miami-Dade County Sheriff's Office - Civil Process: Serves civil process and executes writs.
Phone: (305) 596-8360
Website: miamidade.gov/global/government/elected-officials/sheriff
Florida Bar Lawyer Referral Service: Find attorneys specializing in debt collection and creditor's rights.
Phone: 1-800-342-8011
Website: floridabar.org/public/lrs
Small Claims Court Assistance: Self-help resources for small claims filings.
Miami-Dade Law Library: (305) 275-1101
Florida Courts Self-Help: flcourts.gov/resources
Meditation and Alternative Dispute Resolution: The court may refer cases to mediation.
Mediation Centers of South Florida: Various locations
Court-annexed mediation available through the Eleventh Circuit
Better Business Bureau of Southeast Florida: May assist with consumer-related business disputes.
Phone: (561) 842-1918
Website: bbb.org/southeast-florida
The Debt Collection Playbook
Proof is Power
Contracts, invoices, texts, emails… gather all evidence of the debt.
Time is Your Ally (and Their Enemy)
Interest accrues. Late fees may apply. The longer they wait, the more they may owe.
Track Every Penny
Principal, interest, late fees… don't miss a dollar.
The Debtor's Options
Many states allow you to recover collection costs, including attorney fees in some cases. Know your rights.
Florida Debt Collection Laws
Applicable Laws
- FDCPA
- Florida Consumer Collection Practices Act - Fla. Stat. § 559
Small Claims Limit
$8,000
Consumer Protection Agency
Florida OFR / CFPB
Collection Combat FAQ
When should I send a demand letter?
After the second broken payment promise. Don't let them string you along indefinitely.
What if they ignore my demand?
Small claims court is your next step. The filing fee is often recoverable, and you don't need a lawyer.
How do I prove they owe me money?
Contracts, invoices, text messages, emails, bank transfers, promissory notes, or witness statements all help prove the debt.
Can I charge interest?
Yes, if your contract includes interest terms. Even without a contract, many states allow pre-judgment interest on debts.
What about collection costs?
Many contracts allow recovery of collection costs and attorney fees. Check your agreement and state law.
Is there a time limit to collect?
Yes. Statutes of limitation vary by state and debt type, typically 3-6 years. File suit before the deadline expires.
What if they claim they already paid?
Demand proof. Bank records, cancelled checks, or receipts should show payment. If they can't prove it, they still owe you.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.