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Debt Collection & Creditor Defense · South Florida

A Florida debt collection lawyer who gets results on both sides of the dispute.

Whether you are a creditor pursuing unpaid debts or a consumer defending against aggressive collection tactics, we handle the full range of Florida debt collection disputes.

From FDCPA violations to judgment enforcement, Ludwin Law Group represents both creditors enforcing what they are owed and consumers protecting their rights. We navigate Florida’s complex debt collection law to protect your interests, with a clear strategy from the first phone call.

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Debt Collection in Florida

Protecting your rights in debt collection disputes.

What does a debt collection attorney do in Florida?

A debt collection attorney in Florida represents either creditors pursuing payment or consumers defending against collection actions. Creditors rely on counsel to send demand letters, file lawsuits, obtain judgments, and enforce through wage garnishment and asset seizure. Consumers rely on counsel to challenge improper collection tactics, assert FDCPA defenses, and stop harassment before a default judgment is entered.

Ludwin Law Group represents both creditors seeking to enforce debts and consumers defending against collection actions. Whether you are a business owed thousands by a customer, a creditor enforcing a judgment, or an individual being harassed by collectors, we navigate Florida’s complex debt collection law to protect your interests at every stage.

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. Our approach is strategic, not reactive.

We are based in Delray Beach and represent creditors and consumers throughout South Florida, in both state and federal courts.

Who we represent

We work both sides of the collection dispute, which means we understand the strategy and the pressure points on each side.

  • Creditors recovering unpaid commercial debts
  • Businesses pursuing judgment enforcement and asset recovery
  • Consumers defending against collection lawsuits
  • Individuals being harassed by debt collectors
  • Anyone facing FDCPA violations or improper collection tactics
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Our Debt Collection Practice

What we handle.

From commercial debt recovery to FDCPA defense, we represent both creditors and consumers across the full range of Florida debt collection disputes.

Creditor Representation

Recover outstanding debts owed to your business. We draft demand letters, pursue collection 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, assert FDCPA protections, identify statute of limitations issues, and fight harassment.

Consumer Protection

FDCPA Violations

The Fair Debt Collection Practices Act protects consumers from harassment, false statements, and unfair tactics. We defend FDCPA violations and hold collectors accountable for every breach.

Federal Compliance

Judgment Enforcement

Once you have a judgment, we enforce it. Asset discovery, bank levies, wage garnishment, and supplemental proceedings to locate assets and maximize recovery.

Asset Discovery

Commercial Debt Recovery

Business-to-business debt disputes, accounts receivable recovery, breach of payment terms, and commercial litigation to recover amounts owed by customers and vendors.

B2B Disputes

Debt Validation Disputes

Consumers have the right to demand proof of the debt. We validate debts on behalf of creditors and challenge improper collection of unverified or time-barred debts.

Verification Rights
In Depth

Debt collection case types we handle.

Debt collection law in Florida spans federal FDCPA requirements, state statutes, and court procedures. Below is a detailed look at the cases we handle on both sides of the dispute, with the 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 through judgment and enforcement. Our work for creditors includes:

  • Send formal demand letters on law firm letterhead
  • File debt collection lawsuits in county or circuit court
  • Obtain default judgment if the debtor does not respond
  • Enforce judgment through asset discovery and levy
  • Pursue wage garnishment and bank account execution
Florida preference for resolution: Many debtors pay once they receive notice of a lawsuit. We often resolve cases through settlement before trial, saving both sides time and cost.

Florida’s statute of limitations is generally five years on open accounts and four years on written contracts. A partial payment or written acknowledgment can reset the clock. Early action preserves your options, so the sooner you involve counsel, the stronger your position.

Debtor Defense & Collection Lawsuit Challenges

If you are being sued for a debt, we defend your rights in court. Many collection cases have procedural defects, improper venue, or statute of limitations issues that can result in dismissal. We:

  • Challenge improper venue, such as the wrong county or court level
  • Demand proof of the debt and the complete chain of ownership
  • Identify and assert statute of limitations defenses
  • Negotiate settlement before judgment is entered
  • Protect wages and exempt assets from garnishment
Do not ignore a collection lawsuit: You must respond within 20 days or the court may enter a default judgment against you. A default judgment is extremely difficult to overturn and allows immediate enforcement.

Many collection agencies file lawsuits without proper documentation. We demand proof before any payment is made and challenge every procedural defect that can result in dismissal or a favorable settlement.

FDCPA Violations & Collector Harassment

The Fair Debt Collection Practices Act protects consumers from harassment, threats, false statements, and unfair collection tactics by third-party debt collectors. Violations carry real financial consequences for collectors. Common violations include:

  • Harassment through repeated or abusive calls and texts
  • Calls before 8am or after 9pm
  • Threats of arrest or wage garnishment without proper process
  • False statements about the debt amount or the collector’s identity
  • Collection attempts on time-barred or properly disputed debts
FDCPA damages: Consumers can recover up to $1,000 per violation plus actual damages, including lost income and emotional distress. Class actions are available when violations affect many consumers.

When a collector crosses the line, the FDCPA shifts the leverage back to the consumer. We document every violation, preserve the evidence, and pursue the statutory and actual damages the law makes available to you.

Judgment Enforcement & Asset Discovery

Once you have a judgment, we enforce it aggressively through asset discovery and execution. We locate assets, levy bank accounts, garnish wages, and pursue supplemental proceedings. Enforcement tools include:

  • Conduct post-judgment asset discovery
  • File writs of garnishment on bank accounts
  • Obtain wage garnishment orders
  • Execute against real property liens
  • Pursue debtor examinations in supplemental proceedings
Florida exemptions: Homestead property, retirement accounts, Social Security, and certain personal property are protected from execution. We navigate these exemptions strategically to maximize recovery on non-exempt assets.

A judgment is only as good as your ability to collect on it. We treat enforcement as its own phase of the case, identifying where the money actually is and moving on non-exempt assets before they disappear.

Commercial Debt & Business Receivables

Business-to-business debt disputes require a collection strategy that accounts for ongoing commercial relationships and the complexity of documented payment terms. We handle:

  • Accounts receivable disputes with customers who refuse to pay
  • Breach of payment terms claims and contract recovery
  • Promissory note enforcement and loan disputes
  • Supplier disputes for delivered goods or services not paid
  • Payment plan negotiation for debtors who cannot pay in full
Business advantage: In Florida, business accounts have fewer asset protections than personal accounts, making commercial debt enforcement more efficient once judgment is obtained.

We tailor the approach to the relationship. Where a customer or vendor is worth keeping, we pursue a negotiated resolution that recovers what you are owed without burning the bridge. Where the relationship is over, we pursue full enforcement.

Debt Validation & Dispute Rights

Under the FDCPA, consumers have the right to demand validation of a debt. If the collector cannot prove the debt, collection efforts must stop. We assert these rights for consumers and ensure creditors validate properly before litigation. We:

  • Submit written validation requests within the 30-day FDCPA window
  • Challenge collectors who continue collection without validation
  • Verify the chain of ownership for sold or transferred debts
  • Dispute debts that belong to another person or are already paid
  • Validate debts properly on behalf of creditors before filing suit
Validation stops collection: Once you send a proper written request, the collector must stop all collection activity until they provide adequate verification. Continuing to collect without verification is an FDCPA violation.

Validation is one of the most powerful tools a consumer has, and one of the most overlooked. Many collectors who purchased aging debt portfolios simply cannot produce the documentation, and a timely, properly drafted request can end the matter.

Why Ludwin Law Group

Debt collection requires specialized knowledge.

Why hire a debt collection attorney in Florida?

Florida debt collection law spans three layers of complexity: federal FDCPA rules, Florida Statutes, and local court procedures. Procedural mistakes can void collection efforts or expose collectors to liability. For creditors, missteps mean unenforceable judgments. For consumers, failing to respond or assert defenses in time can result in a default judgment that allows immediate wage garnishment. Experienced counsel navigates all three layers and protects your position from the start.

We work both sides of every dispute

We represent both creditors and consumers, giving us full insight into the playbook on both sides of every dispute. We know how each side builds its case, which means we know where it is vulnerable.

Collection lawsuits are full of procedural defects

Collection agency lawsuits frequently contain procedural defects. We identify them before any payment is made, and we use them to win dismissals or drive favorable settlements.

Enforcement is its own discipline

Judgment enforcement requires specific expertise in asset discovery, garnishment, and Florida’s exemption rules. A judgment you cannot collect is worthless, so we treat enforcement as a strategy in itself.

FDCPA violations carry real liability

FDCPA violations create real financial liability for collectors. We hold them accountable when they cross the line, and we pursue the statutory and actual damages the law makes available to consumers.

Time-barred debts are still pursued

Time-barred debts are still pursued by collectors every day. We identify statute of limitations defenses that stop collection entirely and turn an improper lawsuit into a liability for the collector.

Strategic representation for creditors and consumers

Adam Ludwin has handled hundreds of debt collection cases on both sides. That dual perspective is a genuine advantage: we know exactly how collectors build their cases, where they are vulnerable, and how to build creditor cases that are procedurally airtight.

Strategic representation, both sides of the dispute

Whether you are a business owed money by a customer who stopped paying, or a consumer being called five times a day about a disputed debt, Ludwin Law Group is a boutique civil litigation firm where cases are handled with close attorney oversight and personalized attention from initial consultation through final resolution.

Our Process

How we handle your debt collection case.

01

Case Assessment & Strategy

We evaluate the debt’s validity, collectability, applicable law, and statute of limitations. For consumers, we assess the collector’s case and identify every available defense before a single response is filed. Confidential and no obligation.

02

Demand or Defense

For creditors, we send formal demand letters on firm letterhead. For consumers, we respond to the lawsuit, request debt validation, and put the collector on notice of any FDCPA violations.

03

Litigation or Settlement

We file suit if demand fails, or defend aggressively in court if you have been sued. We negotiate settlement when it protects your interests better than a full trial.

04

Judgment & Enforcement

For creditors, we enforce judgments through asset discovery and execution. For consumers, we protect exempt assets and challenge improper garnishment orders.

In debt collection, timing is everything. Consumers must respond to lawsuits within 20 days or risk a default judgment that allows immediate garnishment. Creditors who delay lose leverage as assets move and the statute of limitations runs. Contact us as soon as a dispute arises.

Need help with a debt collection matter?

Whether you are a creditor pursuing recovery or a consumer defending your rights, Ludwin Law Group has the experience to get results on both sides of Florida debt collection disputes. Reach out today for a free, confidential consultation.

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Frequently Asked Questions

Debt collection FAQ.

Answers to the questions creditors and consumers ask most often about debt collection in Florida.

The FDCPA is a federal law that protects consumers from abusive, unfair, and deceptive debt collection practices. It limits when collectors can call, prohibits harassment and false statements, and requires debt verification if requested within 30 days of first contact. Violations can result in up to $1,000 per violation plus actual damages. The FDCPA applies to third-party debt collectors, not direct collection by the original creditor. Key protections include no calls before 8am or after 9pm, no repeated calls intended to harass, no false threats about arrest or garnishment, and debt verification within 30 days if requested in writing.

Florida’s statute of limitations is generally five years on open accounts such as credit cards and lines of credit, and four years on written contracts. After expiration, the debt becomes time-barred and cannot be enforced through litigation. A partial payment or written acknowledgment of the debt can reset the statute of limitations. Collectors cannot sue on a time-barred debt, and threatening to do so is an FDCPA violation. If you are being pursued for an old debt, verifying the statute of limitations is the first step.

Generally no. Under the FDCPA, if your employer prohibits personal calls at work, collectors cannot call your workplace. If you have an attorney, collectors must contact your attorney instead and may not contact you directly. You can also send a written cease-contact request. After receiving it, the collector must stop calling except to confirm receipt or notify you of a specific legal action. Repeated contact after a cease request is an FDCPA violation.

Wage garnishment is a court order requiring your employer to withhold a portion of your paycheck and send it to a creditor. In Florida, up to 25 percent of disposable earnings can be garnished, but Social Security, disability income, and certain other sources are protected. A creditor cannot garnish wages without first obtaining a court judgment. Challenging garnishment requires showing the wages are protected or the amount is miscalculated. This is why defending a collection lawsuit early, before judgment, is critical.

Florida’s exemptions are among the strongest in the country. Protected assets include your primary home under the homestead exemption, retirement accounts such as a 401k or IRA, Social Security and disability income, and certain personal property up to $1,000. Business assets generally have fewer protections than personal assets. If you have non-exempt assets such as investment accounts, vacation property, or business assets, creditors can pursue execution to satisfy a judgment. Understanding exemptions before any collection action proceeds is essential.

Yes. If you owe a debt, a creditor or collection agency can file a lawsuit and obtain a judgment. Once entered, they can enforce it through garnishment, bank levies, and asset seizure. You have the right to defend the lawsuit. You must respond within 20 days of being served or a default judgment may be entered. A response allows you to challenge the debt’s validity, venue, statute of limitations, or the creditor’s standing to sue. Even if you believe you owe the debt, responding gives you options.

Debt validation is proof that the debt is legitimate and owed by you. Under the FDCPA, if you send a written request within 30 days of first contact, the collector must verify the debt and provide documentation before continuing collection efforts. Many debt collectors who purchased old debts cannot provide proper validation. A timely validation request can stop collection entirely if the collector cannot prove the debt. It also preserves your FDCPA rights if the collector violates the verification rules.

If you do not respond within 20 days, the court can enter a default judgment against you. Once entered, the creditor can immediately pursue wage garnishment, bank levies, and asset seizure without further court proceedings. A default judgment is extremely difficult to overturn. Even if you believe you owe the debt, responding allows you to challenge procedural issues, negotiate settlement, and protect exempt assets. Never ignore a collection lawsuit.

Adam Ludwin, debt collection attorney in Delray Beach, Florida
About Your Attorney

Adam Ludwin, Founder

Managing Partner, Ludwin Law Group, P.A.

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 makes the difference between recovery and default.

Adam has handled hundreds of debt collection cases representing both creditors pursuing recovery and consumers defending against aggressive collection tactics. His cases span FDCPA violations, judgment enforcement, commercial debt disputes, and wage garnishment challenges, in both state and federal courts.

His approach is straightforward: assess the debt, the law, and the deadlines fast, then move with a clear strategy that protects your interests, whether you are enforcing what you are owed or defending what you have. He works closely with clients throughout the process, maintaining regular communication so you always know where your case stands and what comes next.

Adam holds a 5.0 Martindale-Hubbell Peer Review Rating, the highest available, and has earned 55 five-star Google reviews from clients who came to him when their finances or livelihoods were on the line. He is admitted to The Florida Bar and to the U.S. District Courts for the Northern, Middle, and Southern Districts of Florida, and is a member of the American Bar Association. Cases at Ludwin Law Group are handled with close attorney oversight and personalized attention from initial consultation through final resolution.

Credentials & Experience
J.D., Nova Southeastern University Law SchoolB.S. Finance, Penn State UniversityFlorida BarU.S. District Courts, Northern, Middle & Southern Districts of FloridaAmerican Bar Association5.0 Martindale-Hubbell55 Five-Star Google Reviews
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