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Debt lawsuit: Defense - notice of assignment

West Palm Beach, FL |

This question deals specifically with a debt collection lawsuit. Tomorrow morning I go before the court because i am trying to get my case dismissed. My argument will be that according to Florida Statute 559.715 - a debt collector MUST give notice of assignment within 30 days from the date it was assigned the rights to collect the debt. The debt collector attached both a bill of sale and a copy of the notice of assignment to the complaint. The notice of assignment was not mailed until 41 days after the debt collector was assigned the rights to the debt. So it was eleven days late. Blogs say that courts are to enforce the statute strictly. Is this true? Do I have a good chance in winning tomorrow. What arguments could the other side say? Thanks

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If you don't mind, please let me know how it turns out. My office is in WPB and I have preached Section 559.715 Florida Statutes as an affirmative defense, but since most cases typically settle it has never been the crux of a decision. The problem with 559.715 is that there is no sanction to be imposed if there is a violation. 559.72 violations are specifically referred to in 559.77, which deals with civil remedies. 559.77 makes no reference whatsoever to 559.715.

I do not read 559.715 the way you do. The statute says notice must be provided as soon as possible after the assignment but in no event less than 30 days prior to suit to collect the debt. Your question does not mention the date the law suit was filed.

So, since I practice in your area, I would very much like to know the outcome and who your judge was.

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was 559.715 recently updated/amended? If so do you know when it was amended or when the changes go into effect?. Thanks for your great answer.



Never mind, the statute was amended and enacted on Oct. 2010. Thanks again for your answer

Jeffrey B. Lampert

Jeffrey B. Lampert


From the Florida Senate website, here is the pre-2010 version: The 2009 Florida Statutes Chapter 559 559.715 Assignment of consumer debts.--This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment. The assignee is a real party in interest and may bring an action in a court of competent jurisdiction to collect a debt that has been assigned to such assignee and is in default. History.--s. 1, ch. 89-69; ss. 6, 13, ch. 93-275.


You should ask the court to adjourn your hearing so you can hire counsel. Then do so.

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