Checklist for Debt Collection in Florida

5 years on written contract; otherwise 4 years from date payment was due

Statute of limitations tolled if person intentionally absent from jurisdiction (specific circumstances); otherwise no other way to toll SOL except for a written tolling agreement between the parties

Not mandatory (but strongly recommended)

Depends on the value of the claim: small claims, Court up to $8,000; County Court, up to $50,000; Circuit Court, beyond $50,000

Signing an engagement letter with the law firm

Contract, invoices, statements of account, demand letters, any acknowledgement of debt, useful correspondence

Unopposed, could be as short as 6 months, but otherwise average time is 24 months

None

Prevailing party entitled to legal fees only if specified in contract; otherwise, creditor will pay all fees, but some court costs may be taxable to debtor at end of case

Depends on contract, if any; otherwise, Florida Statutes allow for pre-judgment interest, which varies (rates set quarterly each year); will not exceed 18% per annum.