Florida debt relief programs: your path to financial security
There’s no quick-fix solution that can wipe out your debt, but tapping into debt relief programs in Florida can offer you some reprieve.
From nonprofit credit counseling organizations to debt settlement companies and bankruptcy lawyers, there is a range of solutions that can help consolidate, settle, or outright eliminate your debt.
But don’t settle for what seems like the fastest or easiest fix.
It’s a major life decision because any kind of debt settlement comes at a cost.
Keep reading to learn about your options and their potential impact on your credit health so you can pick what’s best for you.
Laws that aid debt relief
There are laws to protect you from unfair and deceptive debt collection and relief practices, such as:
Debt collection statute of limitations
A statute of limitations sets a legal time limit on the period during which debt collectors can sue you in court for the outstanding debt. In Florida, that statute is five years.
Once the time limit has passed, debt collectors might still try to collect debt by sending letters or calling you, but they can't seize your assets or deduct money from your paycheck.
A word of caution: If the statute of limitations has passed, and you acknowledge the debt or make a partial payment, it could restart the clock, giving debt collectors new legal grounds to sue you.
As with all things financial, if you’re unsure, consult an attorney.
Florida consumer credit code
Then there's the Florida Consumer Credit Code (FCCC) state law that regulates consumer credit. If you believe you have been a victim of abusive debt collection practices, you can file a complaint with the Florida Office of Financial Regulation (OFR).
They will investigate and may take action, such as requiring the debt collector to stop contacting you or provide you with debt relief or compensation.
Florida Debt Settlement Act
The Debt Settlement Act is a federal law that regulates the debt settlement industry. For example, it prohibits companies from charging upfront fees or making false claims guaranteeing they can get rid of your debt.
Florida homestead exemption
Florida’s homestead exemption protects your primary residence from most creditors, except those holding a mortgage on your property. To qualify, you must be a permanent Florida resident whose homestead property is your primary residence.
Unlike other states, the homestead exemption is not capped at a certain dollar amount. However, there are acreage limits: up to one-half an acre within a municipality and up to 160 acres outside a municipality.
Nonprofit debt counseling agencies
Nonprofit debt counseling agencies are a good option to help you get out of debt on your own. They offer unbiased debt and money management advice on how to:
- Modify unhealthy financial habits
- Handle creditor interactions
- Craft a personalized debt repayment plan that safeguards your credit score
Best of all, their services come at no cost or at incredibly affordable rates.
Among the most reliable organizations are the National Foundation for Credit Counseling (NCC), the American Consumer Credit Counseling (ACC), and Florida-based companies such as Debt Reduction Services and InCharge Debt Solutions.
For-profit debt settlement companies
If you’re seeking more immediate debt relief in Florida, for-profit debt settlement companies like Curadebt and American Debt Solutions are viable options.
They negotiate with your creditors to settle your debt for a lump sum payment that is less than what you owe.
However, they charge a fee based on the settled amount and often require you to halt payments to creditors during negotiations.
Unfortunately, these missed payments can be reported to credit bureaus, negatively impacting your credit score.
For-profit debt consolidation providers
Debt consolidation in Florida entails taking out a new loan to pay off multiple debts. Getting a consolidation loan from a bank, credit union, or online lender is a good option if you have money but are struggling to make monthly payments on multiple debts.
Having a single, more manageable monthly payment allows you to control your cash flow better without severely impacting your credit and financial reputation. In other words: it's better than bankruptcy.
Bankruptcy lawyers
Bankruptcy in Florida, as in other states, is a legal process designed to help individuals and businesses overwhelmed by debt obtain a fresh financial start.
Filing for bankruptcy involves extensive paperwork. For that reason, most people hire a lawyer to complete and file the necessary documents accurately and to prevent costly mistakes that lead to case dismissals.
Because bankruptcy damages your credit score, can result in the loss of your car or home, and makes it difficult to get loans or credit cards in the future, it is often seen as a last resort.
Chapter 7
In Chapter 7 bankruptcy, a court-appointed trustee helps you sell your non-essential assets to pay back as much debt as possible.
Certain debts, like credit card bills and medical expenses, can be completely wiped out and don't need to be repaid.
Chapter 12
Chapter 12 bankruptcy is specifically for family farmers and fishermen experiencing financial difficulties.
It allows you to restructure your debts and finances over three to five years, while protecting your assets and letting you continue business.
Chapter 13
Chapter 13 bankruptcy is also a reorganization bankruptcy that lets you keep your property and repay your debts over three to five years.
Usually, the bankruptcy court approves your debt repayment plan based on your income and expenses.
When to consider Florida debt relief programs
Engaging in Florida debt relief programs requires patience and may involve additional costs. Remember, these programs depend on timely payments. Failure to pay one month could terminate your debt relief.
You should only consider for-profit debt management, debt settlement, or bankruptcy if:
- You have no hope of repaying credit cards, medical bills, and personal loans within the next five years, even if you drastically change your budget.
- The total amount of your debt equals half, or is more than, your income before tax.
- You have conducted adequate research to ensure your debt relief organization of choice is legitimate.
Although emergency debt relief in Florida isn’t a magic bullet, it provides a structured, viable path toward financial recovery when combined with responsible financial habits and a commitment to long-term financial planning.
Once you’ve chosen the right debt relief path for you, remember to be patient and diligent. And, know that you can come out the other end of this journey relieved of the stress that unmanageable debt can cause.