Florida Statute 559.715 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

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F.S. 559.715

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 as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default.

History.—s. 1, ch. 89-69; ss. 6, 13, ch. 93-275; s. 3, ch. 2010-127.

F.S. 559.715 on Google Scholar

F.S. 559.715 on CourtListener

Amendments to 559.715

Annotations, Discussions, Cases:

Cases Citing Statute 559.715

Total Results: 30

Trent v. Mortgage Electronic Registration Systems, Inc.

618 F. Supp. 2d 1356, 2007 U.S. Dist. LEXIS 52826, 2007 WL 2120262

District Court, M.D. Florida | Filed: Jul 20, 2007 | Docket: 306758

Cited 13 times | Published

debt collector (¶ 42) and failed to comply with § 559.715 when it obtained the right from third party mortgage

Burt v. Hudson & Keyse, LLC

138 So. 3d 1193, 2014 WL 2130253, 2014 Fla. App. LEXIS 7819

District Court of Appeal of Florida | Filed: May 23, 2014 | Docket: 60240529

Cited 5 times | Published

the debt had been assigned as required by section 559.715, Florida Statutes. Burt also suggested that

Stroud v. Bank of America

886 F. Supp. 2d 1308, 2012 WL 3291992, 2012 U.S. Dist. LEXIS 113676

District Court, S.D. Florida | Filed: Aug 13, 2012 | Docket: 65984331

Cited 5 times | Published

provide a notice of debt assignment pursuant to § 559.715, Fla. Stat. [ECF No. 95, p. 4], The Court will

Hanson v. HSBC Bank, USA, National Ass'n ex rel. Wells Fargo Asset Securities Corp. (In re Hanson)

525 B.R. 791, 25 Fla. L. Weekly Fed. B 247, 73 Collier Bankr. Cas. 2d 245, 2015 Bankr. LEXIS 491

United States Bankruptcy Court, M.D. Florida | Filed: Jan 27, 2015 | Docket: 65787232

Cited 3 times | Published

state law. Specifically, § 559.715 of the Florida Statutes provides: § 559.715. Assignment of consumer

Valle v. First National Collection Bureau, Inc.

252 F. Supp. 3d 1332, 2017 WL 2126830, 2017 U.S. Dist. LEXIS 73907

District Court, S.D. Florida | Filed: May 16, 2017 | Docket: 64314098

Cited 1 times | Published

law.” The Complaint cites to Florida Statute § 559.715, which states: This part does not prohibit the

Bank of America, N.A. v. Siefker

201 So. 3d 811, 2016 Fla. App. LEXIS 15179

District Court of Appeal of Florida | Filed: Oct 13, 2016 | Docket: 60257093

Cited 1 times | Published

states that Plaintiff failed to comply with F.S. § 559.715 which required Plaintiff to give Defendant written

The Bank of New York Mellon v. Welker

194 So. 3d 1078, 2016 Fla. App. LEXIS 9696, 2016 WL 3459014

District Court of Appeal of Florida | Filed: Jun 24, 2016 | Docket: 3082296

Cited 1 times | Published

agent; that the Bank failed to comply with section 559.715, Florida Statutes (2012); and that the Bank

Deutsche Bank National Trust Company v. Quinion

198 So. 3d 701, 2016 Fla. App. LEXIS 561, 2016 WL 166648

District Court of Appeal of Florida | Filed: Jan 15, 2016 | Docket: 3028650

Cited 1 times | Published

Plaintiff failed to comply with the requirements of § 559.715[,] Fla. Stat. The litigation proceeded to

Parker v. Midland Credit Management, Inc.

874 F. Supp. 2d 1353, 2012 U.S. Dist. LEXIS 83296, 2012 WL 2226452

District Court, M.D. Florida | Filed: Jun 15, 2012 | Docket: 65982905

Cited 1 times | Published

letter under the FCCPA, specifically Fla. Stat. § 559.715, which states: This part does not prohibit the

Erickson v. General Electric Co.

854 F. Supp. 2d 1178, 2012 WL 601171, 2012 U.S. Dist. LEXIS 22583

District Court, M.D. Florida | Filed: Feb 23, 2012 | Docket: 65980457

Cited 1 times | Published

of assignment of debt pursuant to Fla. Stat. § 559.715, and that, therefore, its collection attempts

PENNYMAC LOAN SERVICES, LLC v. EDDY E. USTAREZ a/k/a EDDY USTAREZ and OSMANIS MANRESA

District Court of Appeal of Florida | Filed: Sep 16, 2020 | Docket: 18442790

Published

(Fla. 4th DCA 2016), we refused to construe section 559.715, Florida Statutes (2012)—which requires a creditor

Dyck-O'Neal, Inc. v. Heather Lanham

264 So. 3d 1115

District Court of Appeal of Florida | Filed: Feb 18, 2019 | Docket: 14556845

Published

provide timely notice of the assignment under section 559.715, Florida Statutes, and that such notice was

National Collegiate Student Loan Trust 2007-1 v. Lipari

224 So. 3d 309, 2017 Fla. App. LEXIS 11272, 2017 WL 3318016

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 6136500

Published

Consumer Collection Practices Act (“FCCPA.”), section 559.715, Florida Statutes (2007), prior to filing suit

Peters v. The Bank of New York Mellon

227 So. 3d 175, 2017 WL 2304263, 2017 Fla. App. LEXIS 7646

District Court of Appeal of Florida | Filed: May 26, 2017 | Docket: 6066405

Published

days of the assignment in accordance with section 559.715, Florida Statutes (2012). The lost note

National Collegiate v. Lipari

District Court of Appeal of Florida | Filed: May 15, 2017 | Docket: 6066356

Published

Consumer Collection Practices Act (FCCPA), section 559.715, Florida Statues (2007), prior to filing suit

U.S. Bank, N.A. v. Adams

219 So. 3d 211, 2017 WL 1969498, 2017 Fla. App. LEXIS 6776

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 6061246

Published

condition precedent of giving notice pursuant to section 559.715, Florida Statutes (2013), of the Florida Consumer

Wright v. Dyck-O'Neal, Inc.

237 F. Supp. 3d 1218, 2017 U.S. Dist. LEXIS 21064, 2017 WL 698269

District Court, M.D. Florida | Filed: Feb 15, 2017 | Docket: 64312915

Published

suits, DONI failed to comply with Florida Statute § 559.715’s notice of assignment requirement. (Doc, 1 at

Wells Fargo Bank, N.A. v. Guess

213 So. 3d 1014, 2017 Fla. App. LEXIS 1064

District Court of Appeal of Florida | Filed: Feb 1, 2017 | Docket: 4578717

Published

with section 559.715, Florida Statutes (2012). The notice requirement described in section 559.715, however

Dyck O'Neal, Inc. v. Ward

216 So. 3d 664, 2017 WL 382386, 2017 Fla. App. LEXIS 878

District Court of Appeal of Florida | Filed: Jan 27, 2017 | Docket: 4574693

Published

the trial court incorrectly determined that section 559.715, Florida Statutes (2013), creates a condition

JPMorgan Chase Bank, N.A. v. Ostrander

201 So. 3d 1281, 2016 Fla. App. LEXIS 16009

District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 4483498

Published

requirements . of paragraph 22 of the mortgage and section 559.715, Florida Statutes (2014). Paragraph 22 of the

Young v. Nationstar Mortgage, LLC

205 So. 3d 790, 2016 Fla. App. LEXIS 14453

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426646

Published

that Nationstar had failed to comply with section 559.715, Florida Statutes, which requires written notice

Nationstar Mortgage, LLC v. Cynthia H. Summers and Kerry D. Summers

District Court of Appeal of Florida | Filed: Sep 25, 2016 | Docket: 4425520

Published

borrowers’ argument that the notice requirement of section 559.715 of the Florida Statutes applies in foreclosure

Linda G. Morgan v. The Bank of New York Mellon etc.

200 So. 3d 792, 2016 Fla. App. LEXIS 14014, 2016 WL 4987660

District Court of Appeal of Florida | Filed: Sep 19, 2016 | Docket: 4425524

Published

condition-precedent, i.e. notice pursuant to section 559.715, Florida Statutes (2016); and (3) lack of standing

Nationstar Mortgage, LLC v. Summers

198 So. 3d 1162, 2016 Fla. App. LEXIS 13578, 2016 WL 4734312

District Court of Appeal of Florida | Filed: Sep 9, 2016 | Docket: 60256423

Published

borrowers’ argumént that the notice requirement of section 559.715 of the Florida Statutes applies in foreclosure

Deutsche Bank National Trust Company v. Hagstrom

203 So. 3d 918, 2016 Fla. App. LEXIS 11054

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 4112457

Published

based on the trial court's application of section 559.715, Florida Statutes (2011). We reverse the final

Linda G. Morgan v. The Bank of New York Mellon etc.

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3090209

Published

condition precedent, i.e. notice pursuant to section 559.715, Florida Statutes (2016); and (3) lack of

Brindise v. U.S. Bank National Association

183 So. 3d 1215, 2016 Fla. App. LEXIS 653, 2016 WL 229572

District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029528

Published

assignment of their mortgage loan as required by section 559.715, Florida Statutes (2012). According to the

Amstone v. The Bank of New York Mellon

182 So. 3d 804, 2016 Fla. App. LEXIS 182, 2016 WL 56696

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026129

Published

Amstones argued failure-' "to comply with- section 559.715, Florida Statutes (2008); failure to post ■

Ramos v. Cach, LLC

183 So. 3d 1149, 2015 Fla. App. LEXIS 19521, 2015 WL 9491850

District Court of Appeal of Florida | Filed: Dec 31, 2015 | Docket: 60252939

Published

alleged violation of the notice provision in section 559.715: (1) CACH’s violation of the notice provision

Wane v. Loan Corp.

926 F. Supp. 2d 1312, 2013 WL 672574, 2013 U.S. Dist. LEXIS 25245

District Court, M.D. Florida | Filed: Feb 23, 2013 | Docket: 65989095

Published

assignment of the debt pursuant to Florida Statute § 559.715; (9) Bank United, N.A. failed to notify the Wanes