The National List of Attorneys - Florida
Florida Debt Collection Laws
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| Justin D. Jacobson |
Submitted by Justin D. Jacobson, Managing Partner, Jacobson, Sobo & Moselle
Published by The National List of Attorneys
Established by James Cary Jacobson in 1971, the law firm of Jacobson, Sobo & Moselle practices exclusively in debt collection. In 2000, Robin Moselle merged her firm, Sobo, Levine & Moselle,with the Jacobson firm. Justin D. Jacobson joined the firm in 1997 and became managing partner in 2010. Justin attended Princeton University and the Duke University School of Law. He lives in Plantation with his wife and two daughters.
We focus on commercial claims, with a specialization in post-judgment work, including proceedings supplementary, handling cases throughout Florida. We pride ourselves on our efficiency and effectiveness, investing significant time and resources to keep ourselves on the cutting edge of technology.
Florida has a reputation as being a very debtor-friendly state. While it does permit a variety of significant personal exemptions, they are not absolute. Moreover, it also has a variety of policies that make collection against corporate entities more viable. In some ways, Florida can be difficult terrain compared to its neighbors; in other ways, it can be very productive.
Substantive Issues
Limitations
Florida’s limitations period is governed by Fla. Stat. §95.11. The general limitations period is four years. The four-year limitations period also covers such specific actions as statutory liability, fraud, rescission, and sale of goods (without a written contract). There is a five-year limitations period on actions on a written agreement.
Florida has a two-year limitations period on actions for professional malpractice and unpaid wages, and a one-year period on actions for specific performance.
The limitations period may be tolled by absence of the debtor from the state, the debtor’s concealment from service, or payment of any liability founded upon a written instrument.
Worthless Check/Civil Theft
Florida’s worthless check statute is §68.065. It is important to note that the statute does not create an independent cause of action, but rather, it merely provides for additional penalties. The creditor must send a formal demand letter by certified mail, incorporating specific elements as outlined in the statute.
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