Sued by Synchrony Bank in Florida?
Sued by Synchrony Bank in Florida?
Synchrony Bank is the largest issuer of store-branded credit cards in the United States, and it regularly files lawsuits to collect unpaid balances on those accounts. If you have been sued by Synchrony Bank in Florida, you have only a short time to respond — and Synchrony accounts often come with a distinctive option that other credit card lawsuits do not: a contractual right to arbitration.
Who Is Synchrony Bank?
Synchrony Bank is part of Synchrony Financial (NYSE: SYF) and is the largest provider of private-label and store-branded credit cards in the country. It issues cards for many retailers and healthcare providers (including the CareCredit healthcare card). When a Synchrony-issued account goes unpaid, Synchrony — as the original creditor — may pursue the balance through collection efforts and, ultimately, a lawsuit. Because Synchrony accounts are often store-branded, many consumers do not immediately recognize “Synchrony Bank” as the company behind a card they used at a specific retailer.
What to Do if You Are Sued by Synchrony in Florida
Respond on time. In Florida, you generally have only 20 days after being served to file a written response. Ignoring the lawsuit allows Synchrony to obtain a default judgment, which can lead to wage garnishment and bank account levies.
- Do not ignore the lawsuit. The 20-day deadline is strict; missing it usually means losing by default.
- Review the complaint. Confirm the account is yours, the balance is accurate, and the paperwork is complete.
- Consult a debt defense attorney before responding. An attorney can assess Synchrony’s evidence, evaluate the arbitration option, and advise whether to contest, arbitrate, settle, or consider Chapter 7 or Chapter 13 bankruptcy.
Key Defenses Against a Synchrony Bank Lawsuit
A Synchrony lawsuit still has to be proven, and several defenses or options may apply.
Mandatory Arbitration Clause
Many Synchrony cardholder agreements contain a mandatory arbitration clause. Where one applies, it may allow you to move the dispute out of court and into private arbitration. Whether invoking arbitration is advantageous depends on your specific situation, and an attorney can review the agreement and advise you.
Requiring Proof of the Debt
Synchrony must produce admissible evidence — typically the cardholder agreement, an itemized account history, and a properly authenticated business-records affidavit — to establish the balance. Incomplete or improperly supported records can be challenged.
Statute of Limitations
Florida’s statute of limitations on a written contract such as a credit card account is five years, generally measured from the last payment. A time-barred case may be subject to dismissal.
FDCPA and FCRA Counterclaims
If a third-party debt collector or law firm is handling the account, or if inaccurate information has been reported about the account to the credit bureaus, you may have counterclaims under the Fair Debt Collection Practices Act (FDCPA) or the Fair Credit Reporting Act (FCRA).
Frequently Asked Questions
Can Synchrony Bank garnish my wages in Florida?
Only after obtaining a court judgment. If Synchrony wins — including by default — it can seek a writ of garnishment. Responding within the 20-day deadline is what prevents a default judgment, and Florida law provides exemptions an attorney can help you claim.
The card was for a store — why is “Synchrony Bank” suing me?
Synchrony is the bank that issues many store-branded and retailer credit cards behind the scenes. Even though you may have used the card at a specific retailer, Synchrony Bank is the legal account holder and the party that files suit.
Where can I see complaints about Synchrony Bank?
Consumers can review complaints filed against Synchrony Bank through the Consumer Financial Protection Bureau’s public consumer complaint database. If you believe your FDCPA or FCRA rights were violated, an attorney can evaluate whether you have a claim.
Get Help Today
If Synchrony Bank has sued you in Florida, the worst thing to do is nothing. At Ziegler Diamond Law, we defend Florida consumers in debt collection lawsuits and can evaluate every option, including arbitration. Contact us for a free consultation. Call (727) 538-4188 or reach out online.
