Contact Us for a Free Consultation (941) 744-5450

Attorney Blogs

When Debt Collectors Are Not Certified to Sue

Posted by Ryan Singleton | Feb 17, 2023

At Holland Law Group, we conduct a thorough review of each case and the creditor filing of the lawsuit to determine all available defenses.  Often, creditors will fail to provide sufficient documents in their complaint to prove that they have a right to collect on the debt.  This serves as grounds to seek dismissal of the case. 

In more rare instances, creditors will fail to obtain the certification required to bring a lawsuit in Florida.  Specifically, creditors are required to register as a Consumer Collection Agency with the Florida Office of Financial Regulation in accordance with the Florida Consumer Collection Practices Act (FCCPA). 

In instances where a creditor has failed to register as a Consumer Collection Agency, not only does the Defendant have the right to dismiss the lawsuit, but they may also be entitled to $1,000.00 of statutory damages pursuant to the FCCPA.  Depending on the case and our client's wishes, we could either pursue damages or use the threat of such an action to entice the creditor into a settlement where they fully release the Defendant of the debt. 

Our firm will similarly ask our clients if they have experienced any creditor harassment issues as they can also be basis for a separate action or act as leverage in settlement.  The FCCPA provides a list of prohibited actions, such as using obscene language, threatening violence, or calling between the hours of 9:00pm and 8:00am, which can be found under Florida Statutes Section 559.72. 

Whatever your debt issue may be, you can trust that Holland Law Group will explore every possible defense and resource available to help you resolve the matter so you can achieve financial freedom. 

If you've been sued by a debt collector or believe you have experienced any form of creditor harassment, do not hesitate to contact the Holland Law Group to hire an experienced Florida attorney. We have attorneys throughout the state that can assist you whether you're in Miami-Dade, Hillsborough, Duval, Orlando, Sarasota, or any other area in Florida. Call (941)-306-3601 for your free consultation today!

About the Author

Ryan Singleton

Ryan Singleton is a native of Portsmouth, RI but he is a long-time resident of St. Petersburg.  He attended Eckerd College from  and he graduated law school from Stetson University College of Law in 2005.  After 2 years of general practice, Ryan started managing a high-volume of bankruptcy cases ...

Contact Us Today

At Holland Law we focus on Consumer Bankruptcy and Debt Defense. We proudly serve Sarasota, Manatee and Charlotte Counties and expanding to serve all of Central and South Florida, from coast-to-coast. We offer free phone or in-office consultations in Bradenton, Sarasota, Lakewood Ranch, Port Charlotte and across the Central and South Florida region. Contact us through the form on this page or call us at (941) 306-3601 to speak with an experienced bankruptcy and debt defense attorney today. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.