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DebtState Statutes > Florida
Debt and Bankruptcy Laws -- Florida
WAGE GARNISHMENT EXEMPTION:  Federal law applies [if head of household, 100% of wages are exempt)

MAXIMUM INTEREST RATE:  Legal: 10%   Judgment: 10% or or contract rate (but not more than 18%)

STATUTE OF LIMITATIONS ON ENFORCEMENT:

Open Account (credit cards):  4 years
Written Contract:  5 years
Domestic Judgment: 7 years (renewable)
Foreign Judgment:  5 years

Debt Kit has sample letters and techniques for dealing with debt collectors

BAD CHECK LAW DAMAGES:  Amount owed plus treble (three times) damages, bank fees, reasonable attorney's fees, and court costs

BANKRUPTCY PROPERTY EXEMPTIONS (Florida Statutes Annotated):

Cannot claim federal exemptions, but can claim federal non-bankruptcy exemptions

The State of Florida exempts the property below from liquidation by the bankruptcy court to pay creditors:

Real Estate:  Real property including mobile home used as residence, unlimited value, property cannot exceed 1/2 acre in municipality or 160 contiguous acres elsewhere; must file homestead exemption [Florida Constitution 10-4; 222.01, 222.02, 222.03 and 222.05] New bankruptcy law may limit real estate exemption
Personal property:  Health aids, unlimited amount and an automobile up to $1,000 [222.25]
Insurance / Annuities:  Annuity contract proceeds, unlimited amount [222.14]; death benefits payable to a specific beneficiary, not the deceased's estate, unlimited amount [222.13]; disability or illness benefits, unlimited amount [222.18]; fraternal society benefits, unlimited amount [632.619]; cash surrender value of life insurance, unlimited amount [222.14]
Pensions / Retirement Plans:  County officers and employees, unlimited amount [122.15]; retirement benefits, unlimited amount [222.21(2)]; state officers or employees, unlimited amount [121.131]; teachers, unlimited amount [238.15]; police officers, unlimited amount [185.25]; firefighters, unlimited amt [175.241]; highway patrol officers, unlimited amount [321.22]; federal employee pension payments, amount needed for support / received 3 or more months before filing bankruptcy [222.21]
Public Benefits / Entitlements:  Veterans' benefits, unlimited amt [222.201 and 744.626]; workers' compensation, unlimited amount [440.22]; crime victims' compensation (not for crime-related injury) [960.14]; public assistance, unlimited amt [222.201]; social security, unlimited amt [222.201]; unemployment compensation, unlimited amount [222.201 and 443.051(2)(3)]
Wages:  100% of head of family's paid and unpaid wages up to $500 per week for head of family (deposited into bank account for up to six months) [222.11]
Miscellaneous:  Alimony and child support, amount needed for support [222.201]; business partnership property; unlimited amount [620.68]; damages to employees for injuries in hazardous occupations, unlimited amount [769.05]

Bankruptcy Kit illustrates how above exemptions can be used to complete bankruptcy forms

Debt Kit -- Settle unsecured debts for less than half of amount owed
Credit Kit -- Improve credit rating and save $200+ on monthly bills

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Debt Collection:  Frequently Asked Questions
What are time-barred debts?
Statute of Limitations on Debt Collection
State Statutes Re: Wage Garnishments
Federal Law Regulating Wage Garnishments
How Long Can a Creditor Enforce a Judgment?
How to Handle Abusive Debt Collectors
Recording Conversations with Debt Collectors
How to Get a Collector to Stop Calling You at Home and Work
State Statutes on Debt Collection
Fair Debt Collection Practices Act
Defending yourself in court against a creditor or debt collector
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