Florida Statute 520.85 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 520
RETAIL INSTALLMENT SALES

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F.S. 520.85

520.85 Delinquency and collection charges; court costs and attorney’s fees.—A home improvement contract may provide for the payment by the owner of a delinquency and collection charge on each installment in default for a period of not less than 10 days in an amount not in excess of 5 percent of such installment. However, only one such delinquency and collection charge may be collected on any installment, regardless of the period during which it remains in default. A contract may also provide for the payment of court costs actually incurred and of attorney’s fees not exceeding 20 percent of the amount due and payable under such contract, if it is referred to an attorney not a salaried employee of the seller or holder for collection.

History.—s. 1, ch. 69-44; s. 1, ch. 70-149; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; ss. 29, 35, 36, ch. 90-103; s. 4, ch. 91-429.

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Amendments to 520.85

Arrestable Offenses / Crimes under Fla. Stat. 520.85

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 520.85.

Annotations, Discussions, Cases:

Cases Citing Statute 520.85

Total Results: 3

Nolden v. Summit Fin. Corp.

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Citation: 244 So. 3d 322

Snippet: permitted by section 520.08 on the unpaid balance. § 520.085, Fla. Stat. (2009). Here, it is undisputed that

ADRIANNE NOLDEN v. SUMMIT FINANCIAL CORP.

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Snippet: permitted by section 520.08 on the unpaid balance. § 520.085, Fla. Stat. (2009). Here, it is undisputed that

State Ex Rel. McMullen v. Thomas

Court: Supreme Court of Florida | Date Filed: 1930-03-17

Citation: 126 So. 747, 99 Fla. 562

Snippet: immediate and certain. City of Austin v. Nalle, 85 Tex. 520[85 Tex. 520]; City of Dallas v. Peacock, 89 Tex.