Collection Agency Florida: B2B Recovery Guide for Creditors

B2B commercial debt collection in Florida operates under a distinctly different legal regime from consumer collection: the Florida Consumer Collection Practices Act (FCCPA), Chapter 559, Part VI — which requires registration, bonds, and prohibits specific collection practices — applies only to consumer debts, not to commercial receivables between businesses. Commercial B2B collection is governed by general Florida contract law, the Florida UCC (Chapters 671–680), and the Florida Rules of Civil Procedure. The statute of limitations under Florida Statutes § 95.11(2)(b) is 5 years for written contracts (the standard for most commercial invoices with stated payment terms); a partial payment does not restart the period unless accompanied by a written acknowledgment of the debt under § 95.04. Court venue splits by amount: County Court for claims up to USD 50,000 (after the 2020 HB 337 reform that raised the ceiling from USD 15,000); Circuit Court for claims above USD 50,000 and all equitable relief — Miami-Dade and Broward operate dedicated Complex Business Litigation sections. Post-judgment enforcement carries Florida-specific complexity: Chapter 77 garnishment reaches bank accounts and receivables; § 56.29 proceedings supplementary enable post-judgment discovery and clawback of fraudulent transfers; the § 605.0503 charging order is the exclusive remedy against a multi-member LLC debtor’s interest; and Florida’s unlimited homestead exemption (Article X, Section 4 of the Florida Constitution) can frustrate individual debtor enforcement regardless of judgment size. Foreign court judgments domesticate via the UFCMJRA (§§ 55.602–55.607): a final foreign money judgment enforces in Florida absent procedural defects, lack of jurisdiction, or public policy conflicts.

A Canadian auto parts exporter has USD 340,000 outstanding from a Jacksonville, Florida-based automotive components distributor — four invoices under a signed written supply agreement, 14 months overdue. The debtor is a Florida LLC with a Duval County warehouse and active accounts receivable from three automotive OEM clients. The debtor has not responded to three written demands. Strategy: (1) Venue: the claim exceeds USD 50,000 → Circuit Court, Fourth Judicial Circuit (Duval County). (2) Limitation check: § 95.11(2)(b) = 5 years for written contracts — at 14 months, well within window. (3) Pre-suit prejudgment attachment under Chapter 76: with evidence of non-responsiveness on a large documented balance and operating assets at risk, an emergency prejudgment writ of attachment may freeze the Duval County warehouse inventory before suit is filed. (4) After filing, move immediately for summary judgment under Florida Rule 1.510 — four signed written invoices under a written agreement, no dispute raised. Default judgment is available under Rule 1.500 if the debtor fails to appear. (5) Post-judgment enforcement: garnish the three OEM client accounts receivable under Chapter 77 (serve writs on each OEM client) and file § 56.29 proceedings supplementary to examine the debtor’s full financial position and reach any pre-judgment asset transfers. The Canadian judgment, once issued, can also domesticate via UFCMJRA, but pursuing Florida Circuit Court directly is faster.

Why Florida Requires a Specialised Collection Agency Approach

Florida is the fourth-largest state economy (GDP above USD 1.6 trillion) with a commercial landscape shaped by international trade through Port of Miami, Port Everglades, Port Tampa Bay, and JAXPORT; tourism and hospitality; real estate and construction; and agriculture. A Florida debtor is rarely a simple domestic counterparty. Florida also has one of the highest rates of corporate formation in the country — many operating companies sit behind holding entities formed in minutes for under USD 150.

Jurisdiction and Court Structure

Small Claims Division: up to USD 8,000. County Court: up to USD 50,000 (raised from USD 15,000 by 2020 HB 337). Circuit Court: above USD 50,000, equitable relief, all major commercial litigation — Miami-Dade and Broward Complex Business Litigation sections handle higher-value B2B matters. Commercial workload concentrated in the 11th (Miami-Dade), 17th (Broward), 13th (Hillsborough, Tampa), 4th (Duval, Jacksonville), and 9th (Orange, Orlando) circuits.

Florida Debt Collection Laws: What Applies to Commercial Claims

FCCPA (Chapter 559, Part VI, §§ 559.55–559.785): applies only to consumer debt collection. Section 559.553 requires third-party consumer debt collectors to register with the Florida Office of Financial Regulation and post a surety bond — none of this applies to B2B commercial receivables. Commercial B2B collection is regulated by general contract law, UCC Chapters 671–680, and the Florida Rules of Civil Procedure. No state registration requirement for agencies handling only commercial accounts.

Florida Statute of Limitations on Debt Collection

§ 95.11(2)(b): 5 years — written contracts, including most commercial invoices with stated payment terms. § 95.11(3)(k): 4 years — oral contracts. Clock runs from the date the cause of action accrued (day after payment due date). Partial payment does not restart the period unless accompanied by written acknowledgment of the debt under § 95.04. 20-year limitation on Florida judgments; judgment lien on real property under Chapter 55 lasts 10 years and must be re-recorded to extend another 10 under § 55.10.

Jacksonville Specifics: JAXPORT and Freight Claims

JAXPORT (Port of Jacksonville) is Florida’s third-largest container port and a major automotive import gateway (Mazda, Hyundai, Kia, Mitsubishi, Volkswagen). Commercial paper in Duval County includes: unpaid freight/detention charges, unpaid customs brokerage or duty advancement, and unpaid supply contracts downstream of automotive imports. Freight claims may fall under Carmack Amendment (49 U.S.C. § 14706) if interstate trucking is involved — preempts state-law claims and changes the pleading posture. Ocean B/L disputes: COGSA (46 U.S.C. § 30701 note) imposes a 1-year limitation.

Enforcement Remedies Against Florida Commercial Debtors

Writ of execution on personal property: § 56.021. Garnishment of bank accounts and receivables: Chapter 77, §§ 77.01 et seq — strong remedy against operating accounts. Charging order against LLC interest: § 605.0503 — exclusive remedy against multi-member LLC debtor’s interest. Prejudgment attachment: Chapter 76 (debtor absconding or removing assets). Proceedings supplementary: § 56.29 — post-judgment discovery and clawback of fraudulent transfers. Recognition of foreign judgments: UFCMJRA §§ 55.602–55.607. Homestead exemption (Article X, Section 4 Florida Constitution): unlimited value for primary residence — decisive when a personal guarantee is involved.

Cross-Border Claims: Florida as the Latin American Gateway

Miami handles a significant share of US trade with Brazil, Colombia, Chile, Peru, Panama, Dominican Republic, and most of Central America. UFCMJRA (§§ 55.602–55.607): a final conclusive foreign money judgment is generally enforceable in Florida unless lacking personal jurisdiction, due process, or conflicting with Florida public policy. Creditor files notice of domestication in the appropriate circuit court — absent timely objection, the foreign judgment is treated as a Florida judgment for enforcement purposes.

How do I recover a commercial debt in Florida?

Verify the limitation period under § 95.11 — typically 5 years for a written contract. Send a written demand. File suit in County Court (up to USD 50,000) or Circuit Court (above USD 50,000). After judgment: garnishment under Chapter 77, writs of execution under § 56.021, and proceedings supplementary under § 56.29 to reach reachable assets.

You know the debt is real. What you need now is someone on the ground in the right jurisdiction who can make it cost the debtor more to ignore it than to pay it. Contact Cosmopolite for a free case assessment. No win, no fee.