Below you will find important information on Florida state debt recovery laws including: Florida Statutes, Judgments, Garnishments, Interest Rates, and Bad Check Laws.
- Legal: 11% or up to 18% maximum contractual rate if so agreed.
- Judgment: 11%
STATUTE OF LIMITATIONS (IN YEARS)
- Open Account: 4
- Written Contract: 5
- Domestic Judgment: 20 yr duration, if recorded acts as lien on non-homestead real property for 10 yrs; may be recorded for an additional 10 yrs. (Reflects current recording requirements)
- Foreign Judgment: Same duration as domestic if under F.S. 55.501 et seq.
BAD CHECK LAWS (CIVIL PENALTY)
Initially face value of check plus $25.00 – $40.00, depending upon amount of check, or %5 of value, whichever is greater. If suit is required, after 30 day demand, treble amount in addition to amount owed, bank & court costs & reasonable attorney fees.
GENERAL GARNISHMENT EXEMPTIONS
FL has opted out of federal bankruptcy exemptions. 100% head of household. Liberal Homestead Exemption – Life insurance proceeds and/or cash value of policy, disability income, pension monies and retirement funds are exempt.