Debt Collection Lawyer Florida
Florida's statute of limitations on written contracts is 5 years. Once it expires, the debt is unrecoverable.
Debt Collection Lawyer Florida
Whether you’re a creditor seeking to recover unpaid debts or a consumer defending against aggressive collection tactics, we protect your rights and get results. From judgment enforcement to FDCPA defense, we handle the full range of debt collection disputes in Florida.
Protecting Your Rights in Debt Collection Disputes
Debt collection refers to the process of pursuing payment for outstanding debts owed to creditors. In Florida, creditors can pursue collection through demand letters, litigation, John Doe subpoenas, and judgment enforcement including wage garnishment, asset seizure, and bank levies. Debtors have strong protections under the Fair Debt Collection Practices Act (FDCPA) and Florida Statutes, including rights to dispute debts, protection from harassment, and limits on collection tactics.
Ludwin Law Group represents both creditors seeking to enforce debts and consumers defending against collection actions. Whether you’re a business owed thousands by a customer, a creditor enforcing a judgment, or an individual being harassed by collectors, we know how to navigate Florida’s complex debt collection law.
We handle the full scope of debt collection matters: creditor representation in collection litigation, judgment enforcement and asset discovery, consumer defense against FDCPA violations, harassment defense, and debt validation disputes. We move strategically to protect your interests.
& Federal Court Experience
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Case Review, No Obligation
Who We Represent
We represent creditors and consumers throughout South Florida and beyond in all types of debt collection disputes.
- → Creditors recovering unpaid commercial debts
- → Businesses pursuing judgment enforcement
- → Consumers defending against collection lawsuits
- → Individuals being harassed by debt collectors
- → Debtors defending FDCPA violations
- → Anyone needing debt collection legal representation
What We Handle
From commercial debt recovery to judgment enforcement to defending FDCPA violations, we represent both creditors and consumers in all aspects of Florida debt collection law.
Creditor Representation
Recover outstanding debts owed to your business. We draft demand letters, pursue litigation, obtain judgments, and enforce through asset discovery and wage garnishment.
Commercial Recovery
Debtor Defense
Defend against collection lawsuits and aggressive collection tactics. We challenge improper venue, enforce FDCPA protections, and fight harassment.
Consumer Protection
FDCPA Violations & Defense
The Fair Debt Collection Practices Act protects consumers from harassment, false statements, and unfair tactics. We defend violations and pursue collector accountability.
Federal Compliance
Judgment Enforcement
Once you have a judgment, we enforce it through asset discovery, bank levies, wage garnishment, and execution. We locate assets and maximize recovery.
Asset Discovery
Commercial Debt Recovery
Business-to-business debt disputes. We handle accounts receivable disputes, breach of payment terms, and commercial litigation to recover amounts owed.
B2B Disputes
Debt Validation Disputes
Consumers have the right to demand proof of the debt. We validate debts on behalf of creditors or challenge improper collection of unverified debts.
Verification Rights
Debt Collection Case Types We Handle
Debt collection law in Florida combines state statutes, federal regulations, and court procedures. Below are the main case types we handle, with details you should know before contacting an attorney.
Creditor Representation & Debt Recovery
When a customer or business owes you money and refuses to pay, we pursue collection through the full legal process. From initial demand letter through judgment and enforcement.
- Send formal demand letters on law firm letterhead
- File debt collection lawsuits in county or circuit court
- Obtain default judgment if debtor doesn’t respond
- Enforce judgment through asset discovery and levy
- Pursue wage garnishment and bank execution
Statute of Limitations: In Florida, you typically have 5 years to sue on an open account and 4 years on a written contract. After that, the debt becomes time-barred, though creditors can still collect if the debtor makes a partial payment or acknowledges the debt.
Debtor Defense & Collection Lawsuit Challenges
If you’re being sued for a debt, we defend your rights in court. Many collection cases have procedural defects or improper venue that can result in dismissal.
- Challenge improper venue (wrong county/court)
- Demand proof of the debt and chain of ownership
- Identify statute of limitations issues
- Negotiate settlement before judgment
- Protect wages from garnishment
Many collection agencies and creditors file lawsuits without proper documentation of the debt. We demand proof before you’re forced to pay. Collection cases won in default judgment are often overturned when properly challenged.
FDCPA Violations & Collector Harassment
The Fair Debt Collection Practices Act protects consumers from harassment, threats, false statements, and unfair collection tactics. We defend FDCPA violations and hold collectors accountable.
- Harassment through repeated calls or texts
- Calls before 8am or after 9pm
- Threats of arrest, wage garnishment without proper process
- False statements about debt amount or collector identity
- Collection attempts on time-barred or disputed debts
Judgment Enforcement & Asset Discovery
Once you have a judgment, we enforce it through asset discovery and execution. We locate assets, levy bank accounts, garnish wages, and pursue supplemental proceedings.
- Conduct post-judgment asset discovery
- File garnishment on bank accounts
- Obtain wage garnishment orders
- Execute against real property liens
- Pursue debtor’s examination in supplemental proceedings
Commercial Debt & Business Receivables
Creditor recovery strategies:
- Accounts receivable disputes: When a customer disputes an invoice or refuses payment for goods/services rendered, we pursue collection through demand letters and litigation.
- Payment term violations: Customers who breach payment terms face breach of contract claims. We recover amounts due plus costs and interest.
- Loan disputes: Personal loans, business loans, and promissory notes. We enforce repayment through litigation and judgment enforcement.
- Supplier disputes: When suppliers are owed for delivered goods, we pursue collection to protect cash flow.
Debtor negotiation:
Many commercial debtors can’t pay immediately but can negotiate a payment plan. We negotiate installment agreements that protect your cash flow while avoiding costly litigation. If litigation is necessary, we pursue judgment and enforce through business asset seizure.
Debt Collection Requires Specialized Knowledge
- â State and federal law overlap (FDCPA, Florida Statutes, court rules)
- â Collection agencies often have procedural defects in lawsuits
- â Judgment enforcement requires asset discovery expertise
- â Consumer protections are complex (homestead, exemptions)
- â Time-barred debts may be uncollectable but collectors still pursue
- â FDCPA violations create liability for collectors
How We Protect Your Interests
For creditors, we aggressively pursue collection while navigating Florida’s rules. For consumers, we defend your rights and stop harassment. We know when collection cases have fatal procedural flaws, when debts are time-barred, and how to maximize recovery or protect assets.
Our approach is strategic: assess the debt’s legitimacy and collectability, pursue the most efficient collection path, and protect our client’s interests whether we’re pursuing recovery or defending against unfair tactics.
How We Handle Your Debt Collection Case
Case Assessment & Strategy
We evaluate your case: validity of the debt, collectability, applicable law, statute of limitations, and best legal path forward.
Demand or Defense
For creditors, we send formal demand letters. For debtors, we assess the collector’s case and prepare defenses or challenge improper procedures.
Litigation or Settlement
We file lawsuit if demand fails or defend in court if sued. We negotiate settlement when it protects your interests better than litigation.
Judgment & Enforcement
For creditors, we enforce judgments through asset discovery and execution. For consumers, we protect assets from improper levy or garnishment.
Need Help With a Debt Collection Matter?
Whether you’re a creditor seeking to recover a debt or a consumer defending against collection, we have the expertise to protect your interests. Schedule your free confidential consultation today.
Debt Collection FAQ
The FDCPA applies to third-party debt collectors (collection agencies), not direct collection by the creditor. However, some courts have expanded FDCPA protections to creditors in certain situations. Key protections: no calls before 8am or after 9pm, no repeated calls intended to harass, no false threats about arrest or wage garnishment, and verification of the debt if the consumer requests it within 30 days.
However, if the debtor makes a payment or acknowledges the debt in writing, the statute of limitations can be reset. Also, creditors can still collect time-barred debts informally if the debtor voluntarily pays. But once the debt is time-barred, collectors cannot sue or threaten to sue to collect it. Filing a lawsuit on a time-barred debt can violate the FDCPA.
You can also send a written request to the collector to cease contact. After they receive your letter, they must stop calling except to confirm receipt of the letter or inform you of a specific remedy (like filing a lawsuit). Repeated calls after you request they stop constitute harassment under the FDCPA.
A creditor cannot garnish wages without first obtaining a judgment. Once they have a judgment, they obtain a garnishment order and serve it on your employer. You have limited ability to challenge garnishment in Florida unless the wages are protected or the amount calculation is incorrect. That’s why early defense to a collection lawsuit is critical before judgment is entered.
These exemptions are strong in Florida, making it harder for creditors to collect from most consumers. However, business assets generally have fewer protections. If a debtor has non-exempt assets (investment accounts, vacation property, business assets), creditors can pursue execution to satisfy the judgment.
Many debtors are sued by collection agencies without realizing they can defend. If you’re sued, you must respond within 20 days or a default judgment may be entered against you. Responding allows you to challenge the debt’s validity, venue, statute of limitations, or creditor’s standing to sue. An early defense can result in dismissal or favorable settlement.
Proof of validation includes the original creditor’s account, the amount, and documentation that you owe it. Many debt collectors cannot provide proper validation, especially for old debts or debts purchased from other creditors. A proper validation request can stop collection efforts if the collector cannot prove the debt.
A default judgment is extremely difficult to overturn. This is why it’s critical to respond to a collection lawsuit immediately. Even if you owe the debt, responding allows you to challenge the lawsuit on procedural grounds, negotiate settlement, or protect your assets. Don’t ignore a lawsuit.
Adam Ludwin, Founder
Adam Ludwin founded Ludwin Law Group in 2015 to represent clients in complex civil litigation, including debt collection disputes, business litigation, and contract claims. His litigation practice focuses on cases where the stakes are high and specialized expertise is essential.
Adam has handled hundreds of debt collection cases, representing both creditors pursuing recovery and consumers defending against aggressive collection tactics. He’s litigated cases involving FDCPA violations, judgment enforcement, commercial debt disputes, and wage garnishment challenges.
His approach is straightforward: assess your case strategically, identify the strongest legal arguments, and pursue the most efficient path to resolution whether through settlement or litigation. He maintains regular communication so you always know where your case stands.
Credentials & Experience
- Florida Bar Admitted
- Federal Bar Association
- American Bar Association
- J.D., Nova Southeastern University Law School
- B.S. Finance, Penn State University
- 5.0 Martindale-Hubbell Rating
- 52 Five-Star Google Reviews