All information provided by this guide is for instructional purposes only and should not be construed as legal advice. You should always consult an attorney to determine your legal rights.
ENCYCLOPEDIAS
Florida Jurisprudence, 2d (Thomson Reuters/West)
See §§139-145 of part 1, section N of "Consumer and Borrower Protection" for a step-by-step approach to understanding the language of the Florida Consumer Collection Practices Act (FCCPA) through judicial interpretation.
Available in the Florida Room at Ave Maria School of Law Library.
American Jurisprudence Proof of Facts
Under Florida law, when construing the language of the Florida Consumer Collection Practices Act (FCCPA) courts must give "great weight" to federal court interpretations of the Fair Debt Collection Practices Act (FDCPA). This guide is an excellent resource to the the FDCPA, which also includes comparisons to the FCCPA. See, for example, 104 Am. Jur. Proof of Facts 3d 1 "Proof Under the Fair Debt Collection Practices Act."
Available through WestlawNext.
FORMS
Florida Pleading and Practice Forms by Henry P. Trawick, Jr.
10 Fla. Pl. & Pr. Forms §§ 81:24-27
Under chapter 81, section F, this resource includes forms and checklists to help the practitioner navigate filing a claim and litigating a case under the Florida Consumer Collection Practices Act (FCCPA) .
Available in the Florida Room at Ave Maria School of Law Library.
TREATISES
Florida Causes of Action by Marc A. White (James Publishing)
This useful guide outlines the elements of a cause of action under the Florida Consumer Collection Practices Act (FCCPA). Under chapter 16 (§16:30.2.1), the author combines statutory law and case law to outline a cause of action and distinguish it from the federal Fair Debt Collection Practices Act (FDCPA).
The current edition is available in the Ave Maria School of Law Library under KFF533 .B47, including CD-ROM.
Creditors' And Debtors' Practice in Florida, Fourth Edition
This comprehensive manual provides concise treatment of Florida debt collection, including debtor's defenses, causes of action, and litigation forms under the Florida Consumer Collections Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). For example, see §1.7 from "Preliminary Analysis Of Creditors' Claims" by Eleanor T. Barnett and "Unsecured Claims" by Christopher L. Barnett.
The third edition (2007) is available in the Ave Maria School of Law Library under KFF220 .C74 2007.
The Law of Debtors and Creditors: Bankruptcy, Security Interests, Collection
See § 5:58-61 under part 2, chapter 5 "Extrajudicial Debt Collection," for specific state law regulating abusive debt-collection, including treatment of the Florida Consumer Collection Practices Act (FCCPA).
Available through WestlawNext.
Consumer Credit Guide by Commerce Clearing House (Wolters Kluwer)
Published periodically, this guide includes case analyses and court opinions, while providing helpful commentary on and comparison of the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA).
Available through WestlawNext and various law libraries nationwide. WorldCat OCLC link.
