EDUCATIONAL MATERIAL — This is not legal advice and not a law firm.
⏳ Know your deadline. In Florida, it depends on the type of case.
County civil cases (the case number contains "CC"): you generally have 20 days after you were served to file a written response. All calendar days count, including weekends and holidays.
Small claims cases (the case number contains "SC"): the key date is the pretrial conference printed on your Summons / Notice to Appear. You generally must appear on that date, in person or through a lawyer.
If you do nothing, the court can enter a judgment against you automatically, which can lead to wage garnishment or a bank levy. Check your court papers for your exact deadline. What a default judgment can mean in Florida →
What is arbitration, in plain English?
A different way to resolve the dispute — often out of the courtroom.
Most credit card and loan agreements contain a clause called a mandatory arbitration provision. It says disputes about the account are decided by a private neutral party (an arbitrator) instead of in open court. Here's why that can matter for you:
- Your case may be moved out of court and into private arbitration.
- You generally cannot be forced into a class action — but the flip side is you may have a right to arbitrate individually.
- You may have the right to demand arbitration — even after the company chose to sue you in court.
Why would the company sue in court if the agreement says arbitration?
Because it's often faster and cheaper for them, and they're betting you won't respond. Invoking the arbitration clause they wrote can change that.
What you should do — and not do
A few simple moves protect your position.
Do
- Find your response deadline on the court papers and calendar it today.
- Locate your credit card or loan agreement and look for an "Arbitration" or "Dispute Resolution" section.
- Respond in time — even a simple, proper response stops an automatic default judgment.
- Consider whether you have defenses (wrong amount, too old, not your debt, improper service).
Don't
- Don't ignore the lawsuit — silence is how the other side wins.
- Don't call the debt collector to "explain" before you understand your rights.
- Don't admit you owe the debt or agree to a payment plan under pressure.
- Don't wait until the deadline is almost up to start.
How the arbitration route works
The general path, step by step.
1
Confirm the clause
Check your account agreement for an arbitration provision that covers this dispute.
2
File your response on time
Within your deadline, file a response and, if the clause applies, a motion to compel arbitration.
3
The court reviews it
If the arbitration agreement is valid and covers the dispute, the court can send the matter to arbitration and pause the lawsuit.
4
Arbitration proceeds
A neutral arbitrator handles the dispute under the agreement's rules.
Common questions
Can I really demand arbitration if they sued me in court?
Often, yes. If a valid arbitration clause covers the dispute, you can ask the court to send it to arbitration and pause the case. The specifics depend on your agreement and your state's rules.
What if I can't afford a lawyer?
Many consumer attorneys offer free consultations, and legal-aid organizations help with debt cases for free or low cost. The free tools here can help you understand your situation first.
What happens if I just ignore it?
The court can enter a default judgment against you, which can lead to wage garnishment or a bank levy. Responding on time, or appearing at your small claims pretrial conference, prevents an automatic loss. In Florida? See
what a default judgment can mean in Florida, including garnishment, liens, and the protections you have to claim.
Is this a law firm? Is this legal advice?
No. ARBITRATE is an educational platform, not a law firm, and nothing here is legal advice or creates an attorney-client relationship. For advice about your specific case, consult a licensed attorney in your state.
Get the free Arbitration Playbook
Your plain-English guide to fighting a credit card debt lawsuit: what arbitration is, why it changes the math, and the steps people take. Free, and we will email you when things change.
Important: This material is provided by ARBITRATE for general educational purposes only. ARBITRATE is not a law firm and does not provide legal advice. Nothing here creates an attorney-client relationship, and no attorney has reviewed your specific situation. Deadlines, rights, and procedures vary by state, county, and case — always verify against your own court papers and, where possible, consult a licensed attorney in your jurisdiction. Whether arbitration applies to your situation depends on the specific agreement governing your account.