The phone rings for the fifth time today. Your stomach tightens as you see yet another unknown number. You’ve stopped answering calls altogether because the barrage of debt collectors has become unbearable. Some call at all hours, others threaten legal action, and a few have even contacted your workplace. If this sounds familiar, you’re experiencing creditor harassment—and in Florida, you have legal rights to make it stop.
At Golden Law Group, we see clients every day who are suffering through similar situations. The good news? You don’t have to endure this treatment. Florida law provides significant protections against abusive collection practices, and bankruptcy may offer immediate relief from these constant intrusions.
What Counts as Creditor Harassment in Florida?
Not every call from a creditor constitutes harassment. However, many common debt collection tactics cross the line into illegal territory under Florida law.
The Florida Consumer Collection Practices Act (FCCPA), found in Florida Statutes §559.55-559.785, prohibits numerous debt collection behaviors that many Floridians face regularly. According to the law, creditors and debt collectors cannot:
- Call you repeatedly or contact you at unusual hours (before 8 a.m. or after 9 p.m.)
- Use profane or obscene language
- Threaten violence or harm
- Publish your name on a “bad debt” list
- Impersonate law enforcement or government officials
- Contact you at work after being told your employer prohibits such communications
- Communicate with you if they know you’re represented by an attorney
- Misrepresent the amount you owe
- Threaten actions they cannot legally take or don’t intend to take
If a debt collector is employing any of these tactics, they’re violating Florida law—and you have recourse.
Your Rights Under Florida’s Consumer Protection Laws
Florida residents benefit from some of the strongest consumer protection laws in the country when it comes to debt collection. The FCCPA provides broader protections than federal law in several important ways.
While federal law only covers third-party debt collectors, Florida’s FCCPA applies to original creditors as well. This means that even the bank or credit card company that originally extended your credit must follow these rules when attempting to collect.
Under Florida Statutes §559.77, you can sue violators for:
- Actual damages
- Additional statutory damages up to $1,000
- Court costs and attorney’s fees
The Florida law also extends the statute of limitations for bringing claims against abusive collectors to two years from the date of the violation.
You can view the full text of the FCCPA at Florida Statutes §559.55-559.785.
Federal Protections That Apply in Florida
In addition to state protections, Florida residents are covered by the federal Fair Debt Collection Practices Act (FDCPA). This law prohibits third-party debt collectors from engaging in abusive, deceptive, or unfair practices.
Under the FDCPA, collectors must:
- Identify themselves as debt collectors in every communication
- Send a written validation notice within five days of first contact
- Cease communication if you request it in writing
- Deal directly with your attorney if you have one
- Provide verification of the debt if you dispute it within 30 days
Violations of the FDCPA can result in damages up to $1,000, plus actual damages and attorney’s fees. The FDCPA is enforced by the Federal Trade Commission and the Consumer Financial Protection Bureau.
For Florida consumers, the combination of state and federal protections creates a strong shield against abusive collection tactics.
How Bankruptcy Stops Creditor Harassment Immediately
If you’re facing overwhelming debt and constant harassment, bankruptcy offers an immediate solution through what’s called the “automatic stay.”
The moment you file for bankruptcy protection in Florida, the automatic stay goes into effect under 11 U.S.C. §362. This powerful legal tool prohibits creditors from taking any collection actions against you, including:
- Phone calls
- Letters
- Lawsuits
- Wage garnishments
- Bank account levies
- Foreclosure proceedings
- Repossession attempts
The automatic stay remains in effect throughout your bankruptcy case, giving you much-needed breathing room to address your financial situation. Creditors who violate the automatic stay can face serious consequences, including court sanctions and monetary damages.
In Chapter 7 bankruptcy, many unsecured debts are ultimately discharged, permanently ending collection efforts. In Chapter 13, you’ll make affordable payments over three to five years, with protection from direct creditor contact throughout the plan.
Documenting Creditor Harassment: Building Your Case
If you’re experiencing harassment, thorough documentation strengthens your position whether you decide to file a complaint, sue, or file for bankruptcy.
Here’s how to document creditor harassment effectively:
- Keep a detailed log of all communication attempts, including:
- Date and time of calls
- Phone number used
- Name of caller (if provided)
- Content of the conversation
- Any threatening or inappropriate language used
- Save all written communications including:
- Collection letters
- Notices
- Emails
- Text messages
- Record calls if possible (Florida is a two-party consent state under Florida Statutes §934.03, meaning you must inform the caller that you’re recording the conversation)
- Document the impact the harassment has had on you:
- Medical visits related to stress
- Work disruptions
- Any costs incurred as a result
- Gather witness information if others have observed the harassment or its effects on you
This documentation serves multiple purposes: it can support a complaint to regulatory agencies, provide evidence for a lawsuit against the collector, or help your bankruptcy attorney address stay violations if you file for bankruptcy protection.
How to Report Violations in Florida
If you believe a creditor or debt collector has violated your rights, you can file complaints with several agencies:
Florida Office of Financial Regulation: The state agency responsible for enforcing the FCCPA accepts complaints through their online portal at Florida Office of Financial Regulation
Florida Attorney General’s Office: The Consumer Protection Division investigates unfair and deceptive practices. File a complaint at Florida Attorney General Consumer Protection
Federal Trade Commission: The FTC enforces the FDCPA and accepts complaints at FTC Complaint Assistant
Consumer Financial Protection Bureau: The CFPB handles complaints about debt collectors and financial institutions at CFPB Complaint Portal
When filing a complaint, include your documentation of the violations and be as specific as possible about what occurred and when.
Legal Remedies for Harassment Under Florida Law
If reporting the violations doesn’t resolve the issue, you have several legal options under Florida law:
1. Demand Letter
Often, a letter from an attorney demanding that the harassment stop and outlining the violations can be effective. The letter can also demand compensation for violations that have already occurred.
2. Civil Lawsuit
You can file a lawsuit against the violator in Florida state court under the FCCPA or in federal court under the FDCPA (or both). These lawsuits can seek:
- Actual damages (including emotional distress)
- Statutory damages up to $1,000 per violation
- Attorney’s fees and costs
Under Florida Statutes §559.77, courts may award additional punitive damages for particularly egregious violations.
3. Bankruptcy Protection
Filing for bankruptcy protection immediately invokes the automatic stay, which prohibits further collection attempts. If a creditor violates the stay, they can be held in contempt of court and ordered to pay damages under 11 U.S.C. §362(k).
The statute of limitations for bringing an FCCPA claim in Florida is two years from the date of the violation, giving you time to gather evidence and consider your options.
Key Takeaways
- Florida residents have strong protections against creditor harassment under both state and federal law
- The Florida Consumer Collection Practices Act covers more situations than federal law, including actions by original creditors
- Documenting all harassing communications creates valuable evidence for complaints or lawsuits
- Filing for bankruptcy immediately stops all collection attempts through the automatic stay
- You can report violations to state and federal agencies at no cost
- You may be entitled to damages, including attorney’s fees, if your rights are violated
Frequently Asked Questions About Creditor Harassment in Florida
Can creditors call my family members about my debt?
Under Florida law, debt collectors can contact third parties only to locate you, and they cannot reveal that you owe a debt. They also cannot contact the same third party more than once unless requested to do so by that party or if they believe the information provided initially was incorrect.
What should I do if a debt collector threatens to have me arrested?
This is illegal under both Florida and federal law. Document the threat, including the date, time, and name of the collector if possible. Report the violation to the Florida Office of Financial Regulation and the CFPB immediately.
Can debt collectors garnish my wages in Florida?
Wage garnishment is limited in Florida. Under Florida Statutes §222.11, wages of a head of household are exempt from garnishment unless you’ve agreed to it in writing. However, bankruptcy stops wage garnishment immediately through the automatic stay.
How quickly does bankruptcy stop collection calls?
The automatic stay takes effect immediately upon filing bankruptcy, making it unlawful for creditors to continue collection attempts. Most legitimate collection agencies will stop calling as soon as they receive notice of your bankruptcy filing.
Can I sue a creditor who keeps calling after I’ve filed bankruptcy?
Yes. Violations of the automatic stay can result in sanctions against the creditor, including actual damages, attorney’s fees, and potentially punitive damages for willful violations under 11 U.S.C. §362(k).
Do I need a lawyer to stop creditor harassment?
While you can file complaints on your own, having an attorney significantly increases your chances of success, particularly if you’re considering bankruptcy or a lawsuit against the collector. Many consumer protection attorneys take cases on a contingency basis or with fee-shifting provisions.
We’re Here to Help
Living with constant creditor harassment takes a toll on your mental health, your family relationships, and your ability to focus on solutions to your financial challenges. You don’t have to face this burden alone.
At Golden Law Group, we’ve helped countless Florida residents put an end to harassing collection tactics and find lasting financial relief. Whether you need assistance with a consumer protection claim or are considering bankruptcy as a more comprehensive solution, we can help you understand your options and take action.
The creditor harassment you’re experiencing isn’t just annoying—it may be illegal. Take the first step toward reclaiming your peace of mind and financial future by reaching out for a confidential consultation today.
Contact our office to schedule a free consultation and take the first step toward stopping creditor harassment for good.
