20 DaysIn Most Florida Debt Suits

Most Florida debt suits give you 20 days to respond. Small claims cases set a court date on the summons instead. North Carolina runs on its own schedule. Either way, the clock is already running, and a missed deadline lets the collector take a default judgment without you ever being heard.

Karina A. Vasquez, Esq.

Georgetown Law · Admitted in Florida, North Carolina and D.C. Bilingual
You work with Karina directly. No associates, no paralegal hand-off.

Served with a
debt lawsuit?

Debt buyers file in volume across Miami-Dade and Broward, and a large share of those cases end in default. Most defendants who lose never appear in the case at all.

We file the answer, raise every defense the file supports, demand their proof, and deal with collection counsel so you do not have to. Flat fee, quoted before you hire us.

Call (305) 359-7522 See Flat Fees

Georgetown LawFlorida · North CarolinaSe Habla Español

Free case review

Tell us who sued you and the date you were served. We call you back within two business hours during office hours.

Name

Phone

Date you were served

Which state were you sued in?

Upload the first page of the summons (optional)We review it before the call. Do not upload anything else yet.

Who is suing you?

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Please do not include confidential details until we have confirmed there is no conflict of interest. Submitting this form does not create an attorney-client relationship.

A Summons Starts a Response Deadline

A collection lawsuit does not resolve on its own. Where no response is filed, the court enters a default judgment, and a judgment carries enforcement powers that an unpaid balance does not, including wage garnishment and bank levy.

A default judgment is entered

The court can rule for the collector without ever hearing your side. The judgment accrues interest, remains enforceable in Florida for years, and it follows you.

Your wages can be garnished

With a judgment in hand a creditor can move to take a portion of your paycheck directly from your employer, before the money ever reaches you.

Your bank account can be frozen

A writ of garnishment served on your bank can freeze the account without warning. Most people find out when a card declines, not when paperwork arrives.

What the Firm Does, in Order

Send Us The Papers

Photograph every page of the summons and complaint, including the date you were handed them. That date starts the clock and determines everything after it.

We File Your Answer

Filed inside the deadline with every defense the file supports, and a notice of appearance so collection counsel deals with this office instead of calling you.

We Demand Their Proof

Written discovery and document demands. A plaintiff who bought your account must produce the agreement, the payment history and an unbroken chain of assignment.

We Resolve It

Dismissal, negotiated resolution or trial, depending on what the record supports. Where terms are agreed they go in writing before a dollar moves.

Many collection matters are resolved without a contested trial. Every case is different, and no lawyer can promise a particular result in any matter.

Owing money and being proven to owe it are two different questions.

Purchased consumer debt is generally transferred as spreadsheet data rather than as complete account files. A filed response requires the plaintiff to produce the signed agreement, the payment history and an unbroken chain of assignment.

Standing

A debt buyer must prove it actually owns your specific account. Portfolios are sold and resold, and the assignment chain frequently has gaps or missing bills of sale.

Statute of Limitations

Florida sets a deadline for filing suit on a debt. Time-barred accounts are still filed regularly, and the defense is waived if nobody raises it.

Account Documentation

The plaintiff should produce the underlying agreement and a complete payment history. Frequently it holds a summary screen and nothing behind it.

Amount Claimed

Balances routinely include post-charge-off interest and fees that the original agreement or applicable law does not support.

Identity & Mistaken Account

Wrong defendant, similar name, or an account opened in your name without authorization. More common than most people expect.

Defective Service

If you were never properly served, a judgment already entered may be subject to being set aside. How you were served is one of the first things we check.

Collection Conduct

Federal and Florida law regulate how debts are collected. Conduct that crosses those lines can give rise to counterclaims rather than just defenses.

Exempt Income

Florida exempts certain income from garnishment, including the wages of a qualifying head of family and several federal benefit categories.

Flat Fees, Quoted Before Engagement

No hourly billing, no open meter, and no retainer that quietly runs out mid-case. You know the number before you decide.

Answer & Defenses

You need the deadline met and the case properly opened.

$1,500

Flat Fee · Just served

Complaint and service reviewed
Written answer and affirmative defenses filed
Notice of appearance as your attorney
Collection counsel routed to this office

Book a Case Review

Most Retained

Full Defense

You want the case handled from the summons through to the end.

$3,000

Flat · Want it resolved

Everything in Answer & Defenses
Written discovery and document demands
Motion practice where the record supports it
Negotiation with collection counsel
Resolution documented in writing

Book a Case Review

Garnishment & Judgment

Wages are already being taken, or a judgment was entered without you.

$2,500

Flat · Already have a judgment

Emergency review, same day
Claim of exemption where grounds exist
Motion to dissolve a writ of garnishment
Motion to vacate a default judgment

Book a Case Review

Court filing fees, service of process and mediation costs are separate from the flat fee and are disclosed in writing before engagement. Payment plans are available.

Quoted fees cover legal services only. Court costs, filing fees and other third-party costs are billed separately and are disclosed in writing before engagement.

Identifying the Plaintiff on Your Summons

If one of these names appears as plaintiff, the case was almost certainly filed by a debt buyer or a high-volume collection firm. Those cases have specific documentary weak points, and they are the ones we go after first.

Debt buyers

They bought the account after charge-off. They often cannot produce the chain of assignment or the original agreement, and that is the first place we push.

Midland FundingMidland Credit ManagementPortfolio Recovery AssociatesLVNV FundingCavalry SPVJefferson Capital SystemsCrown Asset ManagementVelocity InvestmentsResurgent Capital ServicesUnifund CCRAbsolute Resolutions

Banks and card issuers

These are the original creditors suing on their own paper. The documentary weaknesses are different, so the defense is built differently.

Discover BankCapital OneSynchrony BankAmerican ExpressCitibank

Your plaintiff is not listed? Send the first page anyway. This list is not exhaustive and new entities appear constantly.

Client Reviews

★★★★★

“Served on a Thursday. The answer was filed the following Tuesday, well inside the twenty days. I never had to speak to the collection firm once.”

Debt Defense Client

Hialeah, FL

★★★★★

“They sued me for an account I did not recognize. She demanded the assignment chain and the account documentation, and they could not produce it. I am glad I did not just ignore the summons.”

Collection Defense Client

Miami, FL

★★★★★

“Wages were already being garnished when I called. She filed the exemption claim the same day and walked me through exactly what would happen at each step.”

Garnishment Client

Miami-Dade County, FL

★★★★★

“A judgment I never knew existed, entered on service I never received. She moved to set it aside and explained the standard honestly rather than promising me an outcome.”

Default Judgment Client

Doral, FL

★★★★★

“Me demandaron y no entendía nada del papeleo. Ella me explicó todo en español, respondió a tiempo, y por primera vez sentí que alguien estaba de mi lado.”

Cliente de Defensa de Deudas

Miami, FL

★★★★★

“The daily MCA debits were killing the business. She addressed the confession of judgment and the reconciliation demand together instead of treating them as separate problems.”

Business Debt Client

Brickell, Miami

Testimonials reflect individual client experiences. Prospective clients may not obtain the same or similar results.

Reviews reflect the experience of individual clients and are used with permission. They are not a guarantee, warranty or prediction regarding the outcome of any other matter.

Frequently Asked Questions

How long do I really have to respond?

In Florida county and circuit court a defendant generally has 20 days from the date of service to file a written response. Small claims cases run on a different track and set a pretrial conference date instead. Treat the day you were handed the papers as day one.

I think I actually owe the money. Is there any point in fighting?

Owing a balance and the plaintiff being able to prove its case in court are two separate questions. Debt sold repeatedly often arrives with gaps in the assignment chain and without a complete account history. Even where the debt is valid, filing a response preserves your ability to negotiate rather than having terms imposed by default.

Will I have to go to court?

Often no. Many collection matters resolve through motion practice and negotiation between counsel. Where an appearance is required the firm appears with you. No outcome can be guaranteed in any case.

A judgment was already entered against me. Is it too late?

Not necessarily. Florida procedure allows a court to set aside a default judgment in defined circumstances, including where service was defective or excusable neglect can be shown. Timing matters a great deal.

My wages are already being garnished.

Florida law exempts certain income from garnishment, including the wages of a qualifying head of family, along with Social Security and other categories. Claiming an exemption requires a filing with the court within a short window after notice.

I was sued in North Carolina, not Florida.

The firm handles collection defense in North Carolina as well. The response deadline and procedure differ from Florida, so identify the state of filing on the first call.

Will this ruin my credit?

The account is typically already reported by the time suit is filed. What a judgment adds is enforcement power, meaning garnishment and levy. Resolving the case on documented terms generally puts you in a better position than a judgment entered by default.

If You Were Served This Week, Call the Office Today

The initial consultation is at no charge. A default judgment permits garnishment of a portion of each paycheck until the balance is satisfied, which is why the response deadline is the point at which the available options are widest.

(305) 359-7522

1200 Brickell Avenue, Suite 1950, Miami, Florida 33131
By appointment only legal@kvasquezlaw.com

The first page of the summons, showing the plaintiff name
The date you were handed the papers
The case number, printed at the top of the complaint
Any letters you received before the lawsuit
Whether wages or an account have already been affected

If you do not have all of these, call the office regardless. The date of service is the one item that cannot wait.