Debt Relief for Americans

Florida Debt Relief: How to Get a Fresh Start

Written by Emily Andrews | Sep 17, 2023 4:04:59 PM

Table of Contents

  1. Debt Statistics in Florida
  2. Are There Government Backed Debt Relief Programs that Florida Residents Can Use?
  3. How Florida Law Protects Debtors in Florida
  4. How does the FDCPA add to Florida Debt-Related Laws
  5. What is the Statute of Limitations on Debt Collection in Florida?
  6. How does a Debt Relief Program Work?
  7. Florida Debt Relief Success Stories
  8. Public Assistance Programs in Florida
  9. How Everything Home Owner Can Help with Debt Relief in Florida

Debt Statistics in Florida

Florida is known for its warm weather, beautiful beaches, and vibrant culture. But how does the cost of living in Florida compare to the rest of the United States? Let's take a look at the Consumer Price Index (CPI) to gain some insight.

Cost of Living in Florida

According to the most recent data from the Bureau of Labor Statistics, the CPI for all items in the United States was 307 in August 2023. In comparison, the CPI for all items in the South-east region, which includes Florida, was 339 in August 2023. This indicates that the cost of living in Florida is higher than the national average.

Debt Levels in Florida

When it comes to debt, it's important to understand the financial situation of Florida residents compared to the rest of Americans. According to the Federal Reserve Bank of New York’s Household Debt and Credit Report, as of 2022, the average total debt per person in the United States is $59,580. In Florida, the average total debt per person is slightly higher at $53,320. This means that Floridians have less debt than the average american - but don’t forget that the cost of living in Florida is also higher than the average American (but they’re not paying interest on the cost of living!).

 

Salary Levels in Florida

To put these numbers into context, let's also take a look at median salaries. According to the U.S. Census Bureau, as of 2022, the median household income in the United States was $70,784. In Florida, the median household income was slightly lower at $61,777. This also means that Floridians earn less than the average American.

It's worth noting that these statistics provide a general overview and individual circumstances may vary. However, they do give us a glimpse into the cost of living and debt situation in Florida compared to the rest of the country.

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Are There Government Backed Debt Relief Programs that Florida Residents Can Use?

Here are a couple of different types of government-backed debt relief programs that Floridians can take advantage of.

Loan Forgiveness Programs

Loan forgiveness programs are designed to help individuals in specific professions or sectors who have taken out federal student loans. Florida residents can take advantage of the following loan forgiveness programs:

  • Public Service Loan Forgiveness (PSLF): To qualify for PSLF, borrowers must work full-time for a qualifying public service organization, such as government or non-profit organizations. They must make 120 qualifying payments while working in a qualifying job and must have Direct Loans.
  • Teacher Loan Forgiveness Program: This program is available to teachers who work in low-income schools or educational service agencies. To qualify, teachers must have been employed full-time for five consecutive years and teach in a qualifying subject area.
  • Nurse Corps Loan Repayment Program: This program is for registered nurses and nurse practitioners working in underserved areas. Participants can receive up to 85% of their outstanding nursing education loans in exchange for a two-year service commitment.

Mortgage Debt Relief Programs

Florida residents facing foreclosure or struggling with mortgage payments can take advantage of the following federal government programs:

  • Home Affordable Modification Program (HAMP): HAMP provides loan modifications to homeowners who are struggling to make their mortgage payments. To qualify, borrowers must have a mortgage payment that exceeds 31% of their gross monthly income and have a loan originated before January 1, 2009.
  • Home Affordable Refinance Program (HARP): HARP helps homeowners refinance their mortgages to take advantage of lower interest rates. To qualify, borrowers must have a mortgage owned or guaranteed by Fannie Mae or Freddie Mac and be current on their mortgage payments.
  • FHA-HAMP: This program combines a loan modification with a partial claim to bring the borrower's delinquent loan current. To qualify, borrowers must have an FHA-insured mortgage and be experiencing a financial hardship.

 

Debt Relief for Small Businesses

Small businesses in Florida can access federal government-backed debt relief programs to help them overcome financial difficulties:

  • Small Business Administration (SBA) Debt Relief: The SBA provides debt relief to businesses with existing SBA loans, including 7(a) loans, 504 loans, and microloans. The SBA pays the principal, interest, and fees on these loans for a specified period or provides deferred payments.
  • Paycheck Protection Program (PPP): The PPP provides forgivable loans to small businesses to cover payroll costs and other eligible expenses. If the borrower uses the funds for eligible purposes, such as payroll, rent, and utilities, the loan may be forgiven.

Tax Debt Relief Programs

Florida residents burdened with tax debt can take advantage of federal government programs to alleviate their tax obligations:

  • Offer in Compromise (OIC): The OIC program allows taxpayers to settle their tax debts for less than the full amount owed. To qualify, taxpayers must demonstrate that they cannot pay the full tax liability or that doing so would create a financial hardship.
  • Installment Agreement: The IRS offers installment agreements that allow taxpayers to pay off their tax debts over time. To qualify, taxpayers must meet certain criteria, such as having filed all required tax returns and owing less than $50,000.
  • Currently Not Collectible (CNC) status: For taxpayers facing financial hardship, the IRS may designate their account as Currently Not Collectible, suspending collection activities until their financial situation improves.

It is important for Florida residents to carefully review the eligibility requirements and application process for each debt relief program. Consulting with a financial professional or debt relief specialist can also provide guidance on which program is the best fit for their specific situation.

How Florida Law Protects Debtors in Florida

Florida has several laws in place to protect borrowers from creditors and provide them with debt relief options. These laws include the Homestead Exemption, Wage Garnishment Laws, Consumer Protection Laws, and Bankruptcy Laws.

Homestead Exemption Law in Florida

The Homestead Exemption is a crucial protection for homeowners in Florida. Under this law, the equity in a person's primary residence is protected from creditors. This means that if a borrower faces financial difficulties and has outstanding debts, their home cannot be seized by creditors to satisfy those debts. The Homestead Exemption allows borrowers to have peace of mind, knowing that their primary residence is safe and secure.

Wage Garnishment Laws in Florida

Wage Garnishment Laws in Florida also serve as a protective measure for borrowers. These laws limit the amount of wages that can be garnished by creditors. In Florida, the maximum amount that can be garnished from a person's wages is 25% of their disposable earnings or the amount by which their disposable earnings exceed 30 times the federal minimum wage, whichever is less. This protection ensures that borrowers have a minimum level of income to sustain their basic needs and that they are not left without any means to support themselves.

Here are some key points about wage garnishment laws in Florida:

  • Types of Debts: Wage garnishment in Florida is typically allowed for various types of debts, including consumer debts like credit card debt, medical bills, and student loans, as well as court-ordered child support or alimony payments.
  • Maximum Percentage: Florida law limits the amount that can be garnished from an individual's wages. In most cases, creditors can garnish up to 25% of the debtor's disposable earnings (earnings after required deductions like taxes) or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
  • Child Support and Alimony: For child support or alimony payments, different rules apply. Up to 50% of a debtor's disposable earnings can be garnished if they are supporting another spouse or child, and up to 60% if they are not.
  • Protection from Multiple Garnishments: If a debtor is subject to multiple garnishments, federal law (the Consumer Credit Protection Act) limits the total garnishment to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage.
  • Job Protection: Florida law provides job protection for employees facing wage garnishment. Employers cannot discharge an employee due to a single wage garnishment, but they are not required to protect employees from multiple garnishments.
  • Notice and Due Process: Creditors must follow a legal process to obtain a judgment and initiate wage garnishment. Debtors have the right to notice of the garnishment and the opportunity to challenge it in court.
  • Exemptions: Certain types of income are exempt from wage garnishment in Florida, including Social Security, disability, retirement benefits, and certain pension payments.
  • Statute of Limitations: Creditors have a limited time to pursue wage garnishment after obtaining a judgment. In Florida, this time frame is generally 20 years for judgments.
  • Head of Household Protection: Florida law provides additional protection for individuals who are considered the head of a household. A head of household can claim an exemption from wage garnishment if their disposable income is below a certain threshold.

Consumer Protection & Collection Laws in Florida

Consumer Protection Laws in Florida are designed to safeguard borrowers from unfair and deceptive practices by creditors. These laws prohibit creditors from engaging in any misleading or fraudulent activities, such as making false statements, misrepresenting the terms of a loan, or engaging in harassment or abusive collection practices. Additionally, Florida's Consumer Collection Practices Act provides borrowers with the right to dispute the validity of a debt and request verification from the creditor. These laws give borrowers the ability to assert their rights and protect themselves from predatory practices.

 

Bankruptcy Laws in Florida

Bankruptcy Laws in Florida offer borrowers a legal option to seek debt relief when they are unable to repay their debts. Chapter 7 and Chapter 13 bankruptcy are the two main types of bankruptcy available to individuals in Florida. Chapter 7 bankruptcy allows eligible borrowers to discharge their unsecured debts, while Chapter 13 bankruptcy allows borrowers to reorganize their debts into a manageable repayment plan. Filing for bankruptcy triggers an automatic stay, which temporarily halts creditor actions, including collection attempts and wage garnishment. This gives borrowers the opportunity to address their financial situation and work towards a fresh start.

How does the FDCPA add to Florida Debt-Related Laws

The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides protections to borrowers from abusive and unfair debt collection practices. In the state of Florida, there are also laws that govern debt collection practices, such as the Florida Consumer Collection Practices Act (FCCPA) and the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). While these state-level laws provide important safeguards, the FDCPA compliments them by offering additional protections that borrowers in Florida can benefit from.

Regulates How & When Debt Collectors Can Contact Debtors

One way that the FDCPA enhances the state-level protections in Florida is by setting clear guidelines on when and how debt collectors can contact borrowers. Under the FDCPA, debt collectors are prohibited from calling borrowers before 8 am or after 9 pm, unless the borrower has given them permission to do so. This time frame is more restrictive than the guidelines set by the FCCPA, which allows debt collectors to call between 8 am and 9 pm. By limiting the hours during which debt collectors can contact borrowers, the FDCPA provides borrowers with more peace of mind and protection from harassment.

Right to Dispute Debts

The DCPA also complements Florida state laws by providing borrowers with the right to dispute a debt. Under the FDCPA, borrowers have 30 days to dispute a debt after receiving written notice. During this time, debt collectors must cease all collection efforts until they have provided verification of the debt. This provision gives borrowers the opportunity to ensure that the debt is valid and accurate before taking any further action. While the FCCPA also allows borrowers to dispute a debt, the FDCPA provides additional protections by specifying the timeframe and requirements for the dispute process.

Ability to Sue Debt Collectors for Violating the Law

Additionally, the FDCPA offers stronger enforcement mechanisms than the state-level laws in Florida. Under the FDCPA, borrowers can sue debt collectors who violate the law and may be entitled to damages, including actual damages, statutory damages, and attorney's fees. The FDCPA also allows for class action lawsuits, which can provide relief to a larger group of affected borrowers. While the FCCPA and FDUTPA also provide avenues for legal action, the penalties and remedies available under the FDCPA may be more extensive and effective.

What is the Statute of Limitations on Debt Collection in Florida?

In Florida, there is a statute of limitations for consumer debt, which is generally set at four years. This statute plays an important role in preventing creditors from suing consumers after a certain period of time has passed. However, it is important to understand the nuances within this statute, particularly regarding the statute of limitations for debt restarting if a debtor makes a payment or partial payment on their debt.

The statute of limitations for consumer debt in Florida is designed to protect consumers from being pursued for old debts indefinitely. Once the three-year period has elapsed, creditors are generally prohibited from taking legal action against the debtor to collect the debt. This limitation ensures that consumers have a time frame within which they can seek debt relief and move forward financially.

 

Statute of Limitations by Type of Debt or Contract

Oral Contracts: The statute of limitations for oral contracts, including oral agreements to repay a debt, is 4 years. This means that a creditor has 4 years from the date the debt becomes due and payable to file a lawsuit.

Written Contracts: The statute of limitations for written contracts, which includes most types of written loans and credit agreements, is also 5 years. This applies to credit card debt, personal loans, mortgages, and other written contracts.

Promissory Notes: Promissory notes are considered written contracts, and the 5-year statute of limitations applies.

Open Accounts (Credit Cards): The statute of limitations for open accounts, such as credit card debt, is 4 years from the date of the last transaction or activity on the account.

Medical Debt: Medical debt falls under the category of written contracts, and the 5-year statute of limitations applies.

Judgments: If a creditor has already obtained a judgment against a debtor, the statute of limitations for enforcing the judgment is 20 years in Florida.

Child Support: Child support orders in Florida do not have a statute of limitations. Parents are obligated to pay child support until it is modified by a court order.

Federal Student Loans: Federal student loans typically do not have a statute of limitations, and the government can pursue collection indefinitely. However, certain circumstances, such as bankruptcy or disability, may result in loan forgiveness or discharge.

Tax Debt: Tax debts owed to the IRS or Florida Department of Revenue do not have a statute of limitations. Tax authorities can collect on these debts indefinitely.

Statute of Limitations Can Restart

A key aspect of the statute of limitations in Florida is the concept of "debt restarting" or "debt revival." This occurs when a debtor makes a payment or partial payment on their debt after the statute of limitations has expired. In such cases, the debtor essentially resets the clock on the statute of limitations, allowing the creditor to pursue legal action for another three years from the date of the most recent payment.

For example, let's say a consumer has a credit card loan that went into default six years ago. The statute of limitations for this debt has already expired, and the creditor is no longer able to sue the consumer for the outstanding balance. However, if the consumer makes a payment or partial payment towards this debt today, the statute of limitations will restart, and the creditor will have another three years to legally pursue the remaining balance.

It is crucial for consumers to be aware of this nuance in the statute of limitations for debt in Florida. Making any payment, no matter how small, towards an old debt can potentially restart the statute of limitations and open the door for creditors to take legal action.

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How Does a Debt Relief Program Work?

Debt relief programs are designed to help individuals who are struggling with overwhelming debt find a way to regain control of their financial situation. These programs typically involve negotiating with creditors to reduce the total amount of debt owed and establish an affordable repayment plan. While the general process of debt relief remains consistent across different states, including Florida, there may be some variations due to local laws and regulations.

Steps in a Debt Relief Program

In a debt relief program, the first step is to assess the individual's financial situation. This includes analyzing their income, expenses, and debts. Based on this assessment, a personalized plan is created to address their specific needs. The program may involve several steps, such as:

1. Consultation and Assessment: The individual meets with a debt relief specialist to discuss their financial situation and goals. During this consultation, the specialist will gather information about their debts, income, and expenses to determine the best course of action.

2. Debt analysis: The specialist analyzes the individual's debts, including the types of debts (credit cards, medical bills, personal loans, etc.), outstanding balances, and interest rates. This analysis helps in formulating a strategy to negotiate with creditors.



3. Budgeting and financial counseling: The individual receives guidance on creating a realistic budget and managing their finances effectively. They may also be provided with financial education and resources to help them develop better money management skills.

4. Negotiation with creditors: Once the individual's financial situation is assessed and a budget is in place, the debt relief specialist negotiates with creditors on their behalf. The goal is to reach an agreement where the creditors agree to reduce the total amount owed, lower interest rates, or waive late fees.

5. Debt consolidation or settlement: Depending on the individual's situation, debt consolidation or settlement may be recommended. Debt consolidation involves combining multiple debts into a single loan with a lower interest rate, while debt settlement involves negotiating with creditors to accept a reduced lump-sum payment to settle the debt.

6. Repayment plan: After the negotiation process, a repayment plan is established. This plan outlines how the individual will repay their debts over a certain period of time. It may involve making monthly payments to a debt relief company, who then distributes the funds to creditors as per the negotiated agreements.

Are Debt Relief Programs Different in Florida?

In Florida, debt relief programs generally follow the same principles as those in other states. However, there may be some variations due to local laws and regulations. For example, Florida has specific laws regarding debt collection practices, bankruptcy exemptions, and homestead exemptions. These laws can impact the negotiation process and the options available to individuals seeking debt relief.

The steps in the debt relief program may change based on an individual's financial situation. For instance, if someone has a stable income and is able to make regular payments, they may be advised to pursue debt consolidation. On the other hand, if someone is facing financial hardship and is unable to make even minimum payments, debt settlement may be a more suitable option.

Florida Debt Relief Success Stories

Jerry Successfully Manages Credit Card Debt

Meet Jerry, a 35-year-old resident of Miami, Florida, who found himself drowning in credit card debt. After years of overspending and accumulating debt, Jerry had a total of $20,000 in credit card debt spread across multiple cards, each with high interest rates. He realized that if he continued making minimum payments, he would be stuck in debt for years to come and pay a significant amount in interest. Desperate for a solution, Jerry enrolled in a debt relief program in Florida.

The debt relief program negotiated with his creditors to lower the interest rates and consolidate his debts into one manageable monthly payment. By doing this, Jerry not only reduced the interest he was paying but also had a clear plan to pay off his debt in a fixed timeframe. With the guidance and support of the debt relief program, Jerry was able to successfully manage his debt and make consistent payments. Over time, his debt decreased, and he felt a sense of relief as he saw his financial situation improving. After three years of diligent payments, Jerry was finally debt-free and had learned valuable financial lessons along the way.

Single-Mother Sarah Restructures Medical Bill Payments

Sarah, a 42-year-old single mother from Orlando, Florida, found herself struggling to make ends meet due to overwhelming medical debt. Sarah had recently undergone major surgery and accumulated $30,000 in medical bills that she couldn't afford to pay on her own. The stress of the debt was affecting her physical and mental health, and she knew she needed help.

Sarah reached out to a debt relief program in Florida that specialized in medical debt relief. The program assessed her situation and created a personalized plan to negotiate with the medical providers and collection agencies on her behalf. Through their efforts, they were able to significantly reduce Sarah's medical debt by negotiating lower settlements and removing penalty fees. Additionally, the debt relief program educated Sarah on budgeting and financial management, helping her create a sustainable plan for the future. With their guidance, she successfully paid off her remaining debt within five years, gaining financial stability and peace of mind.

Newly Weds Pay Down their Debts & Start Fresh

David and Maria, a married couple from Tampa, Florida, were burdened with a combination of credit card debt and student loans. They had accumulated $50,000 in credit card debt and had outstanding student loan balances of $80,000. The high-interest rates on their credit cards and the monthly loan payments were taking a toll on their finances and preventing them from achieving their financial goals.


Seeking a solution, David and Maria enrolled in a debt relief program in Florida that specialized in both credit card and student loan debt consolidation. The program worked closely with them to analyze their financial situation, negotiate with their creditors, and create a plan to reduce their debt. Through the program's efforts, their credit card interest rates were lowered, and their student loans were refinanced to more manageable terms.



With the help of the debt relief program, David and Maria were able to make consistent monthly payments towards their debts and gradually pay them down. They also received personalized financial advice on budgeting and saving, enabling them to make smarter financial decisions. Within seven years, David and Maria successfully managed and reduced their debt, ultimately improving their financial situation and achieving greater financial freedom.

Public Assistance Programs in Florida

Florida offers a range of public assistance programs that can help individuals alleviate their debt and improve their financial situation. These programs cover various areas such as financial assistance, social services, food assistance, healthcare, housing, employment and training, disability and long-term care, childcare assistance, education assistance, and legal aid and advocacy assistance. Let's take a closer look at each category and the programs available within them:

Financial Assistance

Temporary Cash Assistance (TCA): This program provides cash assistance to eligible low-income families with children to help meet their basic needs. Individuals can utilize TCA to alleviate their debt by using the funds to pay for essential expenses, such as rent, utilities, and transportation.

Social Services

Florida Department of Children and Families: The Department of Children and Families offers various programs and services aimed at promoting self-sufficiency and well-being. Individuals can access resources such as counseling, substance abuse treatment, and mental health services, which can help them address underlying issues that may contribute to their debt.

Food Assistance

Supplemental Nutrition Assistance Program (SNAP): SNAP provides eligible individuals and families with funds to purchase food. By receiving assistance with their grocery bills, individuals can free up additional money to allocate towards debt repayment.

Healthcare

Medicaid: Medicaid provides healthcare coverage to low-income individuals and families. By having access to affordable healthcare, individuals can reduce their medical expenses and potentially avoid medical debt.

Housing

Section 8 Housing Choice Voucher Program: This program assists eligible low-income individuals and families with their rental payments. By receiving rental assistance, individuals can use the extra income to pay off debts or prevent further debt accumulation.

Employment and Training

Reemployment Assistance: Formerly known as unemployment benefits, this program provides temporary financial assistance to individuals who have lost their jobs through no fault of their own. While receiving reemployment assistance, individuals can use the funds to cover their living expenses and allocate any remaining money towards debt repayment.

Disability and Long-Term Care

Social Security Disability Insurance (SSDI): SSDI provides financial assistance to individuals with disabilities who are unable to work. By receiving SSDI payments, individuals can stabilize their income and use the funds to manage their debt.

Childcare Assistance

School Readiness Program: This program offers financial assistance for eligible low-income families to access quality childcare services. By receiving childcare assistance, parents can continue working or pursuing education, reducing the financial burden and potentially preventing further debt.

Education Assistance

Florida Student Assistance Grant (FSAG): FSAG provides need-based financial aid to eligible Florida residents attending eligible institutions in the state. By receiving financial aid, individuals can reduce their reliance on loans and potentially graduate with less debt.

Individuals in Florida can utilize these public assistance programs to alleviate their debt by taking advantage of the financial resources and services they provide. It is essential to research each program's eligibility requirements, application process, and available benefits to determine which ones are suitable for their specific situation. By leveraging these programs effectively, individuals can make significant strides towards debt relief and financial stability.

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How EverythingHomeOwner.com Can Help with Debt Relief in Florida

EverythingHomeOwner.com is dedicated to helping Florida consumers with their debt relief questions or issues by connecting them with qualified debt relief counselors. With the expertise and guidance provided by these counselors, individuals can find the best solutions to manage and alleviate their debt.

One of the ways EverythingHomeOwner.com assists Florida consumers is by offering a platform where they can connect with debt relief counselors who specialize in various areas, such as credit counseling, debt consolidation, debt settlement, and bankruptcy. These counselors have a deep understanding of the unique challenges faced by individuals in Florida when it comes to debt relief.

Through EverythingHomeOwner.com, Florida consumers can access a network of qualified debt relief counselors who can provide personalized advice and solutions based on their specific financial situation. Whether it's dealing with overwhelming credit card debt, medical bills, or other types of debt, these counselors are equipped with the knowledge and experience to help individuals navigate the complexities of debt relief.