Getting a demand letter from a debt collector can be stressful, especially when the letter warns that you could be forced to pay not just the money claimed but also the collector’s attorney’s fees. For many people, that kind of warning creates real pressure to pay quickly.
Florida has a law — the Florida Consumer Collection Practices Act — that limits what a collector can say when trying to collect a consumer debt. One part of that law says a collector cannot claim a legal right that the collector knows does not exist. But when does a warning about “attorney’s fees” cross that line, and when is it simply describing what might happen later in court?
That question was at the center of Serrano v. Mombrun Law, PLLC, a decision from Florida’s Second District Court of Appeal. The court affirmed the outcome below without writing an opinion explaining its reasoning, and one judge dissented at length.
Disclaimer
This article is general information about a recent Florida appellate decision and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different and outcomes depend on the specific facts and law; past results do not guarantee a similar outcome. For advice about your situation, consult a licensed Florida attorney.
This information is provided by Sanchez Vaughn, Florida, which is responsible for the content of this article.