Our Melbourne, FL, Bankruptcy and Foreclosure Attorney Explains: Debt Collections in Brevard County - Know Your Rights

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Understanding Debt Collection in Brevard County.

Tactics, Protections, and How Chapter 7 Bankruptcy Can Help

If you live in Melbourne, Palm Bay, Titusville, or anywhere else in Brevard County, Florida, and you’re facing mounting debt, you’re not alone.  This guide explains common collector tactics, your legal protections, the garnishment process, and how a Chapter 7 bankruptcy can provide a fresh financial start.

Debt Collector Tactics: What to Expect

Debt collectors are in the business of getting paid, and many use high-pressure strategies to intimidate debtors. While some tactics are legal, others cross the line into harassment. Here’s what you may encounter:

  1. Relentless Phone Calls – Collectors may call multiple times a day, including early mornings or late evenings. Under Florida law, they can call between 8 a.m. and 9 p.m. unless you revoke consent.
  2. Threats of Lawsuits, Arrest, or Property Seizure – Collectors often warn that they’ll “sue immediately” or “have the sheriff at your door.” These are frequently empty threats designed to panic you into paying.
  3. Contacting Third Parties – Collectors may reach out to your employer, family members, or neighbors. They’re allowed to contact third parties only to locate you, not to discuss the debt.
  4. False Representations – Some collectors pose as attorneys, law enforcement, or government officials. They may claim the debt is higher than it is or add unauthorized fees.
  5. Automated Robocalls and Texts – The Telephone Consumer Protection Act (TCPA) limits autodialed calls to cell phones without prior consent. Violations can lead to $500–$1,500 statutory damages per call.

Recognizing these tactics is the first step. The next is knowing your rights.

Debtor Protection Laws: FDCPA and Florida Consumer Collection Practices Act

Two key laws shield Brevard County residents from abusive collection practices:

  • Federal Fair Debt Collection Practices Act (FDCPA) – Applies to third-party collectors (not original creditors). Prohibited actions include:
    • Harassment, oppression, or abuse
    • False or misleading statements
    • Unfair practices (e.g., depositing a post-dated check early)
    • Calling without identifying themselves as debt collectors
  • Florida Consumer Collection Practices Act (FCCPA) – Mirrors the FDCPA but also applies to original creditors and adds protections such as:
    • Banning calls after you send a written cease-communication letter
    • Prohibiting collectors from claiming entitlement to illegal fees
    • Allowing actual damages plus up to $1,000 in statutory damages per violation

Practical Tip: Send every collector a certified “cease and desist” letter. Once received, they can contact you only to confirm they’ll stop or to notify you of specific legal action. Keep copies and return receipts.

The Legal Process: From Lawsuit to Garnishment

When collectors move beyond phone calls, they file a lawsuit in Brevard County Court (for debts under $50,000) or Circuit Court (for larger amounts). Here’s the typical timeline:

  1. Summons and Complaint – You have 20 days to file a written answer. Missing this deadline results in a default judgment.
  2. Judgment – If the collector wins, the court issues a judgment lien that can last 20 years in Florida.
  3. Post-Judgment Collection Tools
    • Wage Garnishment – Up to 25% of disposable earnings (or the amount by which weekly income exceeds 30 times the federal minimum wage). Head-of-family exemption: If you provide more than 50% support for a dependent.
    • Bank Account Levy – The collector serves a writ of garnishment on your bank. Florida protects $1,000 in personal property and certain retirement accounts (401(k), IRA). Social Security, disability, and pension funds are fully exempt.
    • Lien on Real Estate – Judgment liens attach to non-homestead property. Homestead property in Florida is generally exempt without limit.
  4. Continuing Garnishment – In Florida, a single writ can garnish wages until the judgment is satisfied or you file bankruptcy.

How Chapter 7 Bankruptcy Stops the Cycle

Chapter 7 bankruptcy—often called “liquidation” bankruptcy—offers Brevard County residents a powerful reset button. Here’s how it works:

Automatic Stay

The moment your petition is filed in the U.S. Bankruptcy Court for the Middle District of Florida (Melbourne division), an automatic stay halts:

  • All collection calls and letters
  • Wage and bank garnishments
  • Lawsuits and judgments
  • Foreclosure sales (temporarily)

Creditors who violate the stay face sanctions up to $25,000 per violation.

Discharge of Unsecured Debts

In a typical no-asset Chapter 7 case (common in Brevard County), you keep all exempt property while unsecured debts are wiped out, including:

  • Credit cards
  • Medical bills
  • Personal loans
  • Old utility bills
  • Certain judgments

Timeline

  • 341 Meeting of Creditors – 20–40 days after filing
  • Discharge Order – 60–90 days after the 341 meeting
  • Total Duration – 4–6 months

Cost - Attorney fees in Brevard County for an uncomplicated Chapter 7 range from $1,200–$2,000 plus the $338 court filing fee.

Property You Keep Florida exemptions protect:

  • Homestead (unlimited value if you’ve owned the home 1,215 days before filing)
  • $1,000 personal property ($4,000 extra if no homestead)
  • $5,000 motor vehicle
  • Full retirement accounts
  • Public benefits

Is Chapter 7 Right for You? You qualify if:

  • Your household income is below Florida’s median (≈$62,000 for a single person, $80,000 for a family of four) or
  • You pass the means test (deducting allowed expenses leaves little disposable income)

Even high earners can qualify if expenses (mortgage, childcare, medical) consume most income.

Next Steps for Brevard County Residents

  1. Pull Your Credit Reports – Free at AnnualCreditReport.com to verify debts.
  2. Document Collector Harassment – Save voicemails, texts, and letters.
  3. Attend a Free Consultation – Our Melbourne office offers no-cost evaluations to review garnishments, lawsuits, and bankruptcy eligibility.
  4. File Strategically – Timing matters. File before a wage garnishment starts to avoid the 20-day holdback period.

Debt doesn’t define you. With the right information and legal guidance, Brevard County families reclaim control every day.

Contact us today for a Free Consultation.

We are Brevard's Hometown Law Group.