What Happens If You Don't Respond to a Florida Debt Lawsuit?

How a default judgment happens in Florida

Most people who lose a debt lawsuit never argued their case at all. They lost by default, which means the court ruled for the creditor because the defendant did not respond. In Florida, how that happens depends on the type of case on your court papers:

Sources: Florida Rule of Civil Procedure 1.140 and 1.500; Florida Small Claims Rules 7.090 and 7.170. The exact deadline for your case is on your own court papers.

What a judgment can add to the debt

• Court costs the creditor paid to file and serve the lawsuit.
• Attorney's fees, if your card or loan agreement allows the creditor to recover them.
• Interest after judgment, at a rate the State of Florida sets and publishes each year. It keeps adding up until the judgment is paid.

How creditors collect on a Florida judgment

1. Wage garnishment

The creditor can ask the court to order your employer to send part of your paycheck to them. Florida law gives stronger protection to a head of family, meaning someone who provides more than half of the support for a child or other dependent. That protection is usually not automatic. You generally have to claim it with the court within the short time stated in the garnishment notice.

Florida Statutes Chapter 77 (garnishment), 222.11 (head of family wages), and 77.041 (claim of exemption).

2. Bank account garnishment

Money in a bank account can be frozen and taken. Some money is protected:

• Federal benefits such as Social Security and VA benefits deposited directly have special protection. Banks must protect a set amount of recent benefit deposits.
• Other protected money, such as wages of a head of family that were deposited, usually has to be claimed by filing a claim of exemption quickly after you receive notice.

31 C.F.R. Part 212 (federal benefit deposits); Florida Statutes 77.041 and 222.11.

3. Liens on property

The creditor can record the judgment in the county's official records, which creates a lien on real estate you own in that county. They can also file a judgment lien certificate with the Florida Department of State that reaches certain personal property.

Your home is generally protected. Florida's homestead protection shields a primary residence from most judgment creditors, but a recorded lien can still show up in title searches and complicate selling or refinancing other property.

Florida Statutes 55.10 and 55.202; Florida Constitution Article X, Section 4 (homestead).

4. Seizure of other property

In some cases, the sheriff can levy on property that is not protected. Florida law protects a limited amount of personal property and vehicle value, and protected property generally has to be claimed.

Florida Constitution Article X, Section 4; Florida Statutes 222.25.

5. A court order to disclose your finances

After judgment, the court can order you to fill out a sworn fact information sheet listing your income, bank accounts, property, and employer. Ignoring that court order can lead to being held in contempt of court.

Florida Rule of Civil Procedure 1.560 and Form 1.977.

Other consequences people don't expect

• Your defenses mostly go away. Arguments like "this debt is too old," "they can't prove they own it," or "my agreement requires arbitration" are raised by responding. After a default judgment, raising them becomes much harder.
• It becomes a public record. Court judgments are searchable, and some landlords and employers look. The three major credit bureaus stopped reporting civil judgments in 2017, but the underlying collection account can still appear on your credit report.
• Collection can start with little warning. The first sign is often a frozen bank account or a smaller paycheck.

Already have a default judgment?

It may not be the end. Courts can set aside a default judgment in certain situations, for example if you were never properly served or had a good reason for missing the deadline. The deadlines to ask are short and strict, and this is the stage where talking to a lawyer is most worth it.

Florida Rule of Civil Procedure 1.540 and Florida Small Claims Rule 7.190.

A judgment can also still be settled. Many people negotiate a payoff after judgment, and when it is paid, the creditor should file a satisfaction of judgment with the court.

If you still have time, here is where to start

Sued in Florida? See details for all 67 Florida counties, or read what to do when a debt collector sues you.

Common questions