Why Am I Being Sued by Portfolio Recovery Associates for Credit Card Debt in Florida?

If you were just served with a summons for a lawsuit and you’re being sued by Portfolio Recovery Associates, LLC (PRA) in Florida, you’re not alone—and you’re not without options. At Mosakowski Law, PA, we regularly assist clients facing debt collection lawsuits and can help you understand what this means, why it’s happening, and what you can do next.

Who Is Portfolio Recovery Associates?

Portfolio Recovery Associates is a debt buyer—they purchase old, unpaid debts (often from credit card companies) for a fraction of the balance due. Common creditors they buy from include Capital One, Citibank, and Synchrony Bank. Once PRA owns the debt, they have the right to try to collect it—and that can include filing a lawsuit if they believe you owe the money. Other common debt buyers include: LVNV Funding and Midland Credit.

Why Are They Suing You?

There are several reasons why PRA might file a lawsuit against you in Florida:

1. They Claim You Owe an Unpaid Debt- PRA believes you had a credit card account that went unpaid, and they now own the right to collect on it.

2. They’re Trying to Get a Judgment- Filing a lawsuit is often the first step in securing a court judgment. With a judgment, PRA can pursue more aggressive collection methods like bank garnishment or liens, depending on your financial situation.

3. You Didn’t Respond to Collection Attempts- If you ignored earlier collection letters or calls, PRA may escalate the matter to court. Florida law allows them to do this if they file within the statute of limitations.

What Is the Statute of Limitations in Florida?

In Florida, the statute of limitations for most credit card debt is five years from the date of your last payment or charge. If PRA is suing you after this period, you may have a strong legal defense to have the case dismissed—but you must raise it in court. If you ignore the lawsuit, the court can still enter a default judgment against you.

What Happens If You Ignore the Lawsuit?

Failing to respond to the lawsuit will almost certainly result in a default judgment. Once PRA has a judgment, they can attempt to collect through:

• Wage garnishment (though Florida has certain exemptions)

• Bank account levies

• Property liens

These consequences can be avoided—but only if you respond properly and in time.

What Should You Do If You’re Sued by Portfolio Recovery Associates?

1. Don’t Ignore the Lawsuit You typically have 20 calendar days in Florida to file a written response (an “Answer”) after being served. Note: Answers are not required in Small Claims Court (when debt is under $8,000) but are required in County Court.

2. Consult an Experienced Attorney PRA’s lawsuit may have weaknesses, such as:

   • Lack of proper documentation

   • Wrong amount claimed

   • Statute of limitations violations

   • Lack of legal standing

3. Consider Settlement Options In some cases, settling may be a viable option—especially if the debt is valid. We can negotiate on your behalf to reduce the amount or set up manageable payment terms.

More Credit Card Debt?—Consider Chapter 7 Bankruptcy

Being sued by debt collectors like Portfolio Recovery Associates can be stressful, but you are not powerless. At Mosakowski Law, PA, we give consumers across Florida a fresh start to break free from credit card debt through Chapter 7 Bankruptcy. Learn More.

Need Help with Consumer Bankruptcy in Florida? Contact Mosakowski Law, PA today for a consultation. We’ll review your case, explain your rights, and fight for your financial peace of mind.