If you don’t pay your medical bills in Florida, you’ll first get billing statements and calls from the provider, then letters from a collection agency, and eventually, if the debt is large enough and old enough, a lawsuit. A court judgment lets the creditor garnish wages, levy bank accounts, and put a lien on real estate. Florida’s debtor protections, however, are among the strongest in the country, and for hospital and surgical-center bills a 2024 law gives creditors only three years to sue.1Florida Senate. HB 7089, Engrossed 1
The Collection Sequence
The provider’s own billing department handles the first few months. This is the easiest point to negotiate. Many providers will set up interest-free payment plans, discount a bill for prompt payment, or route you into a financial assistance program if you ask.
If the bill stays unpaid, the provider typically sells or assigns the debt to a third-party collection agency. For hospital, surgical-center, and urgent-care debt, this handoff also starts the three-year statute-of-limitations clock. Once a collector contacts you, federal law gives you 30 days to dispute the debt in writing and demand verification. The collector must stop all collection activity until it sends you proof the debt is valid and accurate.2Office of the Law Revision Counsel. 15 U.S. Code 1692g – Validation of Debts
Use that window. Medical billing errors are common, and collectors sometimes chase amounts that insurance already paid, that belong to someone else, or that include unauthorized fees. A collector cannot add interest, fees, or charges that weren’t part of the original agreement or allowed by law.
What It Does to Your Credit
The rules here changed, then changed back. In January 2025 the Consumer Financial Protection Bureau finalized a rule banning medical debt from credit reports. A federal court vacated the rule in July 2025, so it never took effect.3Consumer Financial Protection Bureau. Prohibition on Creditors and Consumer Reporting Agencies Concerning Medical Information (Regulation V)
What still applies are voluntary policies the three big bureaus adopted in 2022. Equifax, Experian, and TransUnion exclude medical debt from reports if the debt has been paid, is less than a year old, or is under $500. Fifteen states have passed laws banning medical debt from credit reports outright. Florida has not. If you live in Florida and carry unpaid medical debt over $500 that’s more than a year old, it can appear on your credit report and hurt your score.
How Long Creditors Have to Sue
Florida’s 2024 law, HB 7089, set a three-year statute of limitations on debt from hospitals, ambulatory surgical centers, and urgent care centers (facilities licensed under Chapter 395). The clock starts when the facility refers the debt to a third-party collector, not when you received treatment.1Florida Senate. HB 7089, Engrossed 1
That three-year window is specific to Chapter 395 facilities. Debt from an individual physician’s office, a dental practice, or similar providers may still fall under Florida’s general five-year limit for written contracts. Once the deadline passes, a creditor loses the right to sue, and if one files anyway you can raise the statute of limitations as a defense and get the case dismissed.
One trap: making a payment or acknowledging the debt in writing can restart the clock. Be careful what you sign and what you pay on an old debt.
If a Creditor Sues You
You’ll be formally served with a summons and complaint. Under the Florida Rules of Civil Procedure, you have 20 days from service to file a written response with the court. That deadline is where most people lose.
Miss it and the court enters a default judgment. The creditor wins automatically, with the same legal force as if you’d gone to trial. Default judgments can sometimes be set aside, but judges require a solid reason and don’t grant it freely.
If you do answer, the case moves into discovery, possible mediation, and potentially trial. Many medical debt cases settle, especially when the debtor raises real defenses: billing errors, an expired statute of limitations, or a creditor that can’t produce proper documentation. Showing up changes the math for a creditor who would rather negotiate than pay for a full trial over a modest balance.
What a Judgment Lets the Creditor Do
A judgment turns an unpaid bill into an enforceable legal obligation that starts accruing interest at a rate Florida resets quarterly.4The Florida Legislature. Florida Statutes 55.03 – Rate of Interest on Judgments and Decrees It also unlocks three collection tools.
Wage Garnishment
The creditor can direct your employer to withhold part of your paycheck. Federal law caps garnishment for ordinary debts at the lesser of 25% of disposable earnings or the amount by which your weekly earnings exceed 30 times the federal minimum wage.5Office of the Law Revision Counsel. 15 U.S. Code 1673 – Restriction on Garnishment Florida adds its own, stronger protection for heads of household (below).
Bank Account Levies
A judgment creditor can freeze and seize funds in your bank accounts. They find your accounts through post-judgment discovery, then get a court order directing the bank to turn over the money. If you receive Social Security or other federal benefits by direct deposit, your bank must automatically protect two months of those deposits from any garnishment order, without any paperwork from you.6Fiscal.Treasury.gov. Guidelines for Garnishment of Accounts Containing Federal Benefit Payments
Liens on Real Property
Recording the judgment in a Florida county’s official records creates a lien on any non-exempt real estate you own there. The lien generally has to be paid off before you can sell or refinance.7The Florida Legislature. Florida Statutes 55.10 – Judgments, Orders, and Decrees; Lien A medical debt creditor cannot, however, force the sale of your homestead.
Florida’s Debtor Protections
A judgment on paper and money actually collected are two different things in Florida. These protections apply even after a creditor wins.
Head-of-Household Wage Exemption
If you provide more than half the financial support for a child or other dependent, Florida treats you as the “head of family” for garnishment purposes. All of your disposable earnings are completely exempt from garnishment if they total $750 per week or less. Earnings above $750 per week still cannot be garnished unless you previously agreed to it in writing.8The Florida Legislature. Florida Statutes 222.11 – Exemption of Wages From Garnishment
You have to claim the exemption with the court after being notified of the garnishment, and you need to act quickly once your employer tells you an order has arrived. If you don’t qualify as head of household, the federal garnishment cap is your floor.
Homestead Exemption
Florida’s constitution bars a medical debt creditor from forcing the sale of your primary residence. The homestead covers your home and up to half an acre within a municipality, or up to 160 acres outside one. There is no cap on the home’s value. A creditor can record a judgment lien, but it only becomes practically relevant if you voluntarily sell and the proceeds exceed what you put into a new homestead. The narrow exceptions are unpaid property taxes, mortgages, and contractor liens for work on the home itself.
Personal Property
You can protect up to $5,000 of equity in a single motor vehicle. If you don’t claim or receive the homestead exemption, you can protect up to $4,000 of other personal property.9The Florida Legislature. Florida Statutes 222.25 – Personal Property Exemptions Most retirement accounts, annuity proceeds, disability income, and Social Security benefits are also shielded from judgment creditors.
Ways to Shrink the Bill Before It Snowballs
Hospital Financial Assistance
Nonprofit hospitals are required by federal tax law to offer financial assistance. Under IRS Section 501(r), every tax-exempt hospital must maintain a written financial assistance policy, publicize it, and make reasonable efforts to determine whether you qualify for reduced or free care before taking extraordinary collection actions like credit reporting, lawsuits, or liens.10eCFR. 26 CFR 1.501(r)-4 – Financial Assistance Policy and Emergency Medical Care Policy
Thresholds vary, but many programs cover patients earning up to 200% or even 400% of the federal poverty level. If you qualify, the hospital cannot charge you more than it generally bills insured patients. You usually have to apply, though. Ask the billing department for a financial assistance application before the bill is sent to collections.
Surprise Billing Protection
The federal No Surprises Act, in effect since January 2022, protects insured patients from balance billing in specific situations: emergency care at an out-of-network hospital, treatment from an out-of-network provider at an in-network facility, and air ambulance services. In those cases the provider generally cannot bill you more than your in-network cost-sharing amount.11CMS. No Surprises Act Overview of Key Consumer Protections Ground ambulance services are not covered. If a bill looks like it violates these rules, you can file a federal complaint or initiate a dispute, and the amount you actually owe can drop sharply.
Emergency Care Can’t Be Denied
Unpaid medical debt does not block you from getting emergency treatment. The Emergency Medical Treatment and Active Labor Act requires every Medicare-participating hospital to screen anyone who arrives at the emergency department and to provide stabilizing treatment for an emergency condition. The hospital cannot delay screening to check your payment history or insurance.12Centers for Medicare & Medicaid Services. Emergency Medical Treatment and Labor Act (EMTALA) This covers emergencies only. A doctor’s office or outpatient clinic can refuse to schedule a non-emergency appointment if you owe them money, and the ER will still bill you for the care it provides.
When Bankruptcy Makes Sense
If the debt is overwhelming and the protections above still leave you exposed, bankruptcy is on the table. Medical debt is non-priority unsecured debt, so it can be fully discharged in Chapter 7 with no cap on the amount, provided you pass the means test based on income and expenses. Chapter 13 restructures debts into a three- to five-year repayment plan and may reduce what you ultimately pay on medical bills.
Bankruptcy has real consequences for your credit, but Florida’s generous exemptions, especially the unlimited-value homestead, let many filers keep their home and essential assets. If you’re staring at multiple medical debt lawsuits or a judgment you can’t pay, a consultation with a bankruptcy attorney is time well spent.