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Sued by a Creditor in Florida? Stop the Lawsuit Today

If you've been served with a summons and complaint, the clock is running. Florida gives you 20 days to respond before the creditor can take a default judgment. A bankruptcy filing triggers the automatic stay (11 U.S.C. § 362) and instantly halts pending lawsuits, default judgments, garnishments, and supplementary proceedings.

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Florida default judgments are entered quickly, often within 25-30 days of service. Once entered, the creditor can pursue garnishment under Fla. Stat. ch. 77, bank levies, judgment liens against real property under Fla. Stat. § 55.10, and supplementary proceedings (debtor depositions). Filing bankruptcy before judgment is far easier than reversing one. Even after judgment, bankruptcy still discharges most unsecured judgment debt.

Quick answer: Yes, bankruptcy stops a Florida creditor lawsuit instantly. The automatic stay under 11 U.S.C. § 362 freezes pending lawsuits at any stage (pre-answer, post-answer, summary judgment briefing, post-judgment collection). The state court must hold the case in abeyance. Most unsecured judgment debt, credit cards, medical bills, deficiency balances on repossessed vehicles, broken leases, is fully dischargeable in Chapter 7. Chapter 13 also discharges most unsecured debt at plan completion. Some judgment debt is non-dischargeable: fraud, willful and malicious injury, fines, recent taxes, domestic support.

Two Paths to Stop a Florida Creditor Lawsuit

Chapter 7, Eliminate the Debt

Chapter 7 discharges most unsecured judgment debt in 4-6 months. The creditor can never collect on the discharged debt, the discharge injunction (11 U.S.C. § 524) is permanent and federal. Any pending lawsuit is permanently barred from continuing. Existing judgment liens on real property may be avoided under 11 U.S.C. § 522(f) if they impair an exemption (homestead).

Best for: filers whose debts are primarily unsecured and dischargeable, with limited assets above Florida exemptions.

Chapter 13, Restructure & Discharge

Chapter 13 stops the lawsuit via the automatic stay and pays creditors a percentage of unsecured debt over 3-5 years. At plan completion, the remaining unsecured balance is discharged. Chapter 13 is required if you have significant non-exempt assets, recent priority debt, or want to keep collateral securing a non-dischargeable claim.

Best for: filers above the Chapter 7 means test, those with significant home equity needing protection during cure, or those with mixed dischargeable and non-dischargeable debt.

How Bankruptcy Stops a Florida Lawsuit, Step by Step

1

Free consultation (within 1-2 business days)

By phone or Zoom. Bring the summons, complaint, and any prior court orders. We assess the urgency timeline (default deadline, sale dates).

2

Document gathering (1-3 days)

Last 6 months pay stubs, last 2 years tax returns, debt list, court documents. Uploaded securely via TitanFile.

3

Pre-filing credit counseling (1-2 hours)

Required by 11 U.S.C. § 109(h). Online for ~$15.

4

Petition filed electronically

Automatic stay activates instantly. Notice of bankruptcy is filed in the state-court lawsuit; the case is held in abeyance.

5

Creditor must stop (24-48 hours)

No further filings, no default judgment, no discovery, no garnishment. Continued action after notice = willful stay violation.

6

341 Meeting (~30-45 days)

Conducted by Zoom. The creditor rarely appears for personal-debt cases.

7

Discharge (Ch. 7: ~4-6 mo / Ch. 13: 3-5 yr)

Unsecured debt discharged. State-court lawsuit permanently dismissed by operation of the discharge injunction (11 U.S.C. § 524).

Frequently Asked Questions

I just got served with a credit card lawsuit in Florida. How long do I have?
Florida Rule of Civil Procedure 1.140(a)(1) gives you 20 days from service of process to file a written response (answer or motion to dismiss). After 20 days the creditor can move for default judgment. Most defaults are entered within 30-45 days of service. If you intend to file bankruptcy, do so before the default to avoid the additional complication of a judgment lien.
Will the lawsuit just stop on its own when I file bankruptcy?
The automatic stay halts the lawsuit immediately. However, you (or your attorney) should file a Suggestion of Bankruptcy in the state court action so the judge and clerk are formally notified. Most Florida judges issue an order administratively closing or staying the case once the suggestion is filed. The creditor cannot proceed without first obtaining relief from the bankruptcy stay.
Are credit card judgments dischargeable in Chapter 7?
Yes, credit card debt and most consumer judgments are general unsecured debt and fully dischargeable in Chapter 7 unless the creditor proves fraud, false pretenses, or recent luxury purchases (11 U.S.C. § 523(a)(2)). The discharge eliminates personal liability. Any judgment lien on real property (recorded under Fla. Stat. § 55.10) may be avoidable under § 522(f) if it impairs your homestead exemption.
Can I be sued AFTER filing bankruptcy in Florida?
Lawsuits filed AFTER your petition for pre-petition (pre-bankruptcy) debt are direct stay violations and immediately void. Post-petition debt (incurred after filing) is not affected by the stay or discharge. Domestic support obligations are excepted from the stay. Some criminal proceedings continue regardless.
What happens if a Florida creditor takes a default judgment after I file?
A default judgment entered after the petition is void as a violation of the automatic stay (11 U.S.C. § 362). It has no legal effect. The creditor must vacate the judgment. If the creditor refuses or proceeds to collection, you may seek sanctions under § 362(k), actual damages, attorney fees, and potentially punitive damages.
I missed the 20-day deadline and got a default judgment, can bankruptcy still help?
Yes. Bankruptcy discharge eliminates the underlying debt, including debt reduced to judgment. The discharge injunction permanently bars collection on the judgment. Judgment liens on real property may be avoided under § 522(f). The lawsuit ends with the discharge, the judgment remains on record but is unenforceable.

Stop the Lawsuit, Free Consultation

The 20-day Florida response deadline is unforgiving. The earlier we file, the more options we have to protect your assets and avoid a judgment lien.

📞 877-862-7188 Schedule Consultation