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Credit Card Lawsuit Defense · Florida

Sued by a Credit Card Company in Florida? Stop the Suit Now

If you've been served by Capital One, Discover, Citi, Synchrony Bank, Midland Funding, Portfolio Recovery Associates, LVNV Funding, Cavalry SPV, Unifin, or another credit card creditor or debt buyer, the Florida 20-day response deadline is running. A bankruptcy filing instantly halts the lawsuit and discharges most credit card debt in 4-6 months.

📞 Call Now: 877-862-7188 Schedule Consultation

Most Florida credit card defaults are entered within 30-45 days of service. Once a default judgment is entered, the creditor can pursue garnishment under Fla. Stat. ch. 77, freeze your bank account, and record a judgment lien against your real property under Fla. Stat. § 55.10. Filing bankruptcy before judgment is far easier than reversing one.

Quick answer: Yes — bankruptcy stops a Florida credit card lawsuit instantly. The automatic stay (11 U.S.C. § 362) halts the case at any stage. Credit card debt — whether owed to the original issuer (Capital One, Discover) or a debt buyer (Midland, Portfolio Recovery) — is general unsecured debt and fully dischargeable in Chapter 7 unless the creditor proves fraud or recent luxury purchases (11 U.S.C. § 523(a)(2)). Most credit card lawsuits in Florida are filed by debt buyers who paid pennies on the dollar; they almost never object to discharge.

Two Paths to Eliminate Florida Credit Card Debt

Chapter 7 — Discharge in 4-6 Months

Chapter 7 discharges all general unsecured credit card debt. The creditor can never collect again. Pending lawsuits are permanently barred from continuing. If your income is at or below the Florida median ($4,901/mo for 1-person household, $6,128/mo for 2 people in 2026), you almost certainly qualify.

Best for: filers whose primary debt is unsecured credit cards, medical bills, and similar obligations, with limited non-exempt assets.

Chapter 13 — Pay Pennies on the Dollar

Chapter 13 stops the lawsuit and pays unsecured credit card debt at the “projected disposable income” rate over 3-5 years — often 0% to 30% of the balance. The remainder is discharged at plan completion. Required if you're above the Chapter 7 means test or have non-exempt assets to protect.

Best for: filers above median income, with significant assets requiring protection during cure, or with mixed dischargeable and non-dischargeable debt.

How Bankruptcy Stops a Credit Card Lawsuit — Step by Step

1

Free consultation (within 1-2 business days)

Bring the summons, complaint, and any written discovery. We confirm the 20-day deadline and identify the creditor (original issuer vs. debt buyer).

2

Document gathering (1-3 days)

Pay stubs (last 6 months), tax returns (last 2 years), debt list, bank statements. 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. Suggestion of Bankruptcy filed in the state court action.

5

Lawsuit halted (24-48 hours)

Creditor must stop. No further filings, no default, no discovery. The state court holds the case in abeyance.

6

341 Meeting (~30-45 days)

Conducted by Zoom. Credit card creditors and debt buyers almost never appear.

7

Discharge (Ch. 7: ~4-6 months)

Credit card debt eliminated. Lawsuit permanently dismissed by operation of the discharge injunction (11 U.S.C. § 524).

Frequently Asked Questions

I was sued by Midland Funding in Florida — what should I do?
Midland Funding LLC and similar debt buyers (Portfolio Recovery, LVNV, Cavalry SPV, Unifin) typically purchase charged-off credit card accounts for 4-8 cents on the dollar. They sue thousands of Florida consumers per year, mostly by default. Two strong responses: (1) file a written answer within 20 days demanding strict proof (most debt buyers cannot produce the original credit agreement or full payment history); or (2) file bankruptcy and discharge the debt entirely. Bankruptcy is faster and more permanent.
Will Capital One or Discover object to my Chapter 7 discharge?
Almost never on standard credit card debt. Original issuers occasionally challenge discharge under 11 U.S.C. § 523(a)(2) for recent luxury purchases (over $800 within 90 days of filing) or cash advances over $1,100 within 70 days. If you stopped using cards more than 90 days before filing and your purchases were ordinary necessities, discharge is routine.
How is a debt buyer lawsuit different from an original-issuer lawsuit?
Debt buyers (Midland, Portfolio Recovery, LVNV, Unifin) purchased the account after charge-off. They often lack the original credit agreement, full payment history, or assignment chain. Florida courts increasingly require strict proof of standing and chain of title. Many debt-buyer cases are dismissed for lack of evidence — but you must answer the complaint to assert these defenses. Default judgment relieves the creditor of having to prove anything.
Can I be sued for credit card debt that's years old in Florida?
The Florida statute of limitations on credit card debt is generally 5 years for written contracts (Fla. Stat. § 95.11(2)(b)) and 4 years for oral or open-account claims (§ 95.11(3)(k)). Some courts apply 4 years for credit cards as “open accounts.” Once limitations run, the creditor can still sue but you have a complete defense — IF you raise it. Failing to plead the statute of limitations as an affirmative defense waives it. Bankruptcy discharges the debt regardless of limitations status.
My credit card debt is on my credit report as “charged off” — can I still be sued?
Yes. Charge-off is an accounting term meaning the original issuer wrote off the debt for tax purposes; it does not extinguish your liability. The creditor (or a debt buyer who acquired the account) retains the right to sue and collect. In Florida, charged-off credit card debt is routinely sold to debt buyers who file lawsuits years later. Bankruptcy discharges the debt regardless of charge-off status.
What if I can't afford bankruptcy filing fees right now?
Attorney Fraser offers payment plans through Confido Legal — pay the $1,500 Chapter 7 attorney fee in installments at your own pace. The full fee plus the $338 court filing fee must be paid before the case is filed, but you control the timeline. Some filers qualify for fee waivers (income below 150% of poverty line) or installment payments to the court. Discuss your situation at the free consultation.

Stop the Credit Card 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