Debt Collection Lawyer Florida
Whether you’re a creditor pursuing unpaid debts or a consumer defending against aggressive collection tactics, we handle the full range of debt collection disputes in Florida. From FDCPA violations to judgment enforcement, Ludwin Law Group gets results on both sides of the collection dispute.
Protecting Your Rights in Debt Collection Disputes
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’re 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.
- ✓ 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
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 RecoveryDebtor 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 ProtectionFDCPA 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 ComplianceJudgment 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 DiscoveryCommercial 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 DisputesDebt 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 RightsDebt 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.
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.
- Send formal demand letters on law firm letterhead
- File debt collection lawsuits in county or circuit court
- Obtain default judgment if debtor does not respond
- Enforce judgment through asset discovery and levy
- Pursue wage garnishment and bank account execution
Florida statute of limitations: 5 years on open accounts, 4 years on written contracts. A partial payment or written acknowledgment can reset the clock. Early action preserves your options.
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, improper venue, or statute of limitations issues that can result in dismissal.
- Challenge improper venue (wrong county or court level)
- Demand proof of the debt and complete chain of ownership
- Identify and assert statute of limitations defenses
- Negotiate settlement before judgment is entered
- Protect wages and exempt assets from garnishment
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 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.
- 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 debt amount or collector identity
- Collection attempts on time-barred or properly disputed debts
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.
- 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
Commercial Debt & Business Receivables
+
Business-to-business debt disputes require collection strategy that accounts for ongoing commercial relationships and the complexity of documented payment terms.
- 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
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.
- Submit written validation requests within the 30-day FDCPA window
- Challenge collectors who continue collection without validation
- Verify 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
Debt Collection Requires Specialized Knowledge
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 represent both creditors and consumers, giving us full insight into the playbook on both sides of every dispute.
Collection agency lawsuits frequently contain procedural defects. We identify them before any payment is made.
Judgment enforcement requires specific expertise in asset discovery, garnishment, and Florida’s exemption rules.
FDCPA violations create real financial liability for collectors. We hold them accountable when they cross the line.
Time-barred debts are still pursued by collectors. We identify statute of limitations defenses that stop collection entirely.
Strategic Representation for Creditors and Consumers
Adam Ludwin has handled hundreds of debt collection cases representing both sides. That dual perspective is a genuine advantage: we know exactly how collectors build their cases, which means we know where they’re vulnerable, and we know how to build creditor cases that are procedurally airtight.
Whether you’re a business owed money by a customer who stopped paying, or a consumer being called five times a day about a disputed debt, cases at Ludwin Law Group are handled with close attorney oversight and personalized attention from initial consultation through final resolution.
How We Handle Your Debt Collection Case
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.
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.
Litigation or Settlement
We file suit if demand fails, or defend aggressively in court if you’ve been sued. We negotiate settlement when it protects your interests better than a full trial.
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. Creditors who delay lose leverage. Contact us as soon as a dispute arises.
Get Your Free Case ReviewNeed Help With a Debt Collection Matter?
Whether you’re 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.
Get Your Free Case ReviewDebt Collection FAQ
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 $1,000 per violation plus actual damages.
The FDCPA applies to third-party debt collectors, not direct collection by the original creditor. Key protections: 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 5 years on open accounts (credit cards, lines of credit) and 4 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’re 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% 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 (401k, 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, Founder
Adam Ludwin
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. Cases at Ludwin Law Group are handled with close attorney oversight and personalized attention from initial consultation through final resolution.
- 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
- 54 Five-Star Google Reviews