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Florida/Harris & Harris/Credit Card Debt/How-To Guides/How to File an FDCPA Complaint Against a Debt Collector
5 Steps · Florida Law

How to File an FDCPA Complaint Against a Debt Collector

For Florida residents dealing with Harris & Harris on credit card debt

Step-by-step guide to filing FDCPA complaints with the CFPB, FTC, and your state attorney general. This guide applies the steps specifically to Florida's laws and Harris & Harris's documented collection practices for credit card debt accounts. In Florida, the statute of limitations on credit card debt is 5 years and wage garnishment is limited to Head of household exempt.

5 years

Florida Statute of Limitations

$5,221

Average Credit Card Debt

Head of household exempt

Garnishment Limit

Known Harris & Harris Violations

Harris & Harris has a documented record of FDCPA violations. If any of these occur during your Florida collection dispute, document them and file immediately.

  • Threatening arrest or criminal prosecution for civil debt
  • Adding unauthorized collection fees
  • Failing to provide proper mini-Miranda warning

How to File an FDCPA Complaint Against a Debt Collector — Step by Step

Steps customized for Florida law, credit card debt rules, and Harris & Harris's collection patterns.

1

Identify the specific violations

Common FDCPA violations: calling outside 8am-9pm hours, using profane language, threatening arrest, misrepresenting the debt amount, contacting your employer after being told to stop, or continuing collection after a written dispute.

2

Gather documentation

Collect: call logs with dates and times, voicemail recordings, letters received, certified mail tracking numbers and green cards, and any written communication. The more documentation, the stronger your complaint.

3

File with the CFPB

Go to consumerfinance.gov/complaint. Choose 'Debt collection' as the category. Be specific about dates and violations. CFPB forwards complaints to the collector who must respond within 15 days. Collectors take CFPB complaints seriously.

4

File with your state attorney general

Many states have their own debt collection laws with additional protections. Your state AG can take enforcement action. File at your state's AG consumer protection division website.

5

Consider filing a private lawsuit

FDCPA allows you to sue in federal court within one year of the violation for $1,000 per violation plus actual damages plus attorney fees. Many consumer rights attorneys take these on contingency — you pay nothing upfront.

Credit Card Debt Dispute Strategies in Florida

These strategies apply to credit card debt specifically. Credit card debt is the most common consumer debt in America. Under the FCBA, you have 60 days to dispute billing errors. Many collection accounts lack proper documentation.

  • Request debt validation under FDCPA § 1692g
  • Dispute billing errors under FCBA within 60 days
  • Check if debt exceeds statute of limitations
  • Negotiate settlement at 40-60% of balance
  • File CFPB complaint if collector violates FDCPA
Relevant laws: FCBA (15 USC § 1666), FDCPA (15 USC § 1692), FCRA for credit reporting, State UDAP

How to Handle Harris & Harris Specifically

  • Harris & Harris collects government and municipal debts — verify with the issuing agency
  • Parking tickets and municipal fines have specific appeal processes
  • No collector can threaten arrest for consumer debt — report this immediately

Florida Debt Collection Laws

Florida Consumer Collection Practices Act governs debt collection in Florida in addition to the federal FDCPA. To file a complaint: AG Consumer Protection.

Key Florida Protections:

  • Head of household wages FULLY exempt from garnishment
  • Unlimited homestead exemption
  • State debt collection act applies to original creditors
Income exempt from garnishment in Florida: Social Security, Wages (if head of household), Workers' comp, Disability, Retirement

Key Tips

CFPB complaints are public — collectors know unresolved complaints affect their record
State AG complaints are especially powerful in states with their own debt collection acts
NACA (consumeradvocates.org) provides free referrals to consumer rights attorneys nationwide

Frequently Asked Questions — Florida

Can Harris & Harris garnish my wages in Florida?

In Florida, wage garnishment is capped at Head of household exempt. The following income is protected: Social Security, Wages (if head of household), Workers' comp, Disability, Retirement. Harris & Harris must first obtain a court judgment through proper legal process before any garnishment order can be issued.

What is the statute of limitations on credit card debt in Florida?

The SOL for credit card debt in Florida is 5 years. Once expired, Harris & Harris cannot win a court judgment even if the debt is real. You must raise the SOL as an affirmative defense in your Answer if sued — never ignore a lawsuit.

What law governs Harris & Harris's collection activity in Florida?

Florida Consumer Collection Practices Act applies in Florida alongside the federal FDCPA. Complaints can be filed with AG Consumer Protection. Head of household wages FULLY exempt from garnishment

How do I dispute credit card debt with Harris & Harris?

Send a certified validation letter within 30 days of first contact. Demand the original creditor name and full chain of assignment. Harris & Harris must stop all collection activity until they validate. If they fail to validate, file complaints with the CFPB and AG Consumer Protection.

Related Resources

Florida Debt LawsHarris & Harris in FloridaCredit Card Debt · FloridaHarris & Harris ViolationsCredit Card Debt GuideAll How-To Guides

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