Sued by a debt collector in New York

How long you have to answer in New York

Time to answer

20 days after you were handed the summons in person; 30 days if it was served another way, such as left with someone else and mailed (CPLR 320(a)). The summons in NYC Civil Court or a local court states the deadline.

Court self-help

New York court self-help (official)

Across our 48 state guides the time to answer runs 14–30 days; New York's 20 is shorter than most.

In nearby states

• Pennsylvania: 20 days
• Connecticut: See the rule
• Massachusetts: 20 days
• Vermont: 30 days

What a default means in New York

If you do not answer in time, the collector can ask for a default judgment, which can lead to a bank restraint or wage garnishment.

New York rules for debt lawsuits

• New York gives 3 years to sue on a consumer credit debt, meaning credit given to you mainly for personal, family or household purposes (CPLR 214-i; CPLR 105(f)). Other written contracts have 6 years (CPLR 213(2)). The 3-year limit is one of the shortest in the country.
• Creditors and their agents may not tell your employer about the debt before getting a final judgment (GBL § 601(4)).
• Before taking payment on a debt they know or should know is too old to sue on, third-party collectors and debt buyers must give you a statute-of-limitations disclosure (23 NYCRR § 1.3).
• The FAIR Business Practices Act (signed in December 2025) changed GBL § 349 so it now bans 'unfair' and 'abusive' practices, not only deceptive ones; the Attorney General can act on more collection conduct, but your own right to sue under § 349(h) is still for deceptive acts.

If the collector wins in New York

• Wage limit: Stricter than federal: an income execution can take no more than 10% of your gross income.
• Bank account: A bank restraint cannot touch an amount equal to 240 times the higher of the federal or New York State minimum hourly wage (CPLR 5222(i)).
• Property: CPLR 5205 protects household furniture, clothing, prescribed health aids, a wedding ring, tools of trade, and one motor vehicle (base amount $4,000 above liens, more if equipped for a disability).

New York's garnishment rules

Old debts as a defense in New York

New York's time limit to sue is 3 years (CPLR 214-i (3 years: action arising out of a consumer credit transaction where you, the purchaser, borrower or debtor, are the defendant; shown as the written-contract and open-account limit); CPLR 105(f) (consumer credit transaction: credit extended to an individual primarily for personal, family or household purposes); CPLR 213(2) (6 years: other contract actions); CPLR 213-d (3 years from treatment for hospital/provider medical debt)). Restarting the clock is limited in New York: No for consumer credit debts: after the 3 years run out, any payment, written or spoken promise, or other activity on the debt does not revive or extend the limit (CPLR 214-i). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

Check New York's statute of limitations

Suing a collector who breaks the rules in New York

GBL § 601 itself is enforced by the Attorney General and district attorneys (violations are misdemeanors). You can sue under GBL § 349 for a deceptive practice: actual damages or $50, whichever is more, up to triple damages capped at $1,000 for willful violations, plus attorney's fees.

Responding to a debt lawsuit in New York

1. Confirm the case with the court

   Call or search the court yourself; don't use contact details from the papers.

2. Count the days

   In New York: 20 days after you were handed the summons in person; 30 days if it was served another way, such as left with someone else and mailed (CPLR 320(a)).

3. File a written answer

   File the answer with the clerk and mail a copy to the collector's lawyer. Start with New York court self-help (official).

4. List your defenses

   Is it yours, is the amount right, did you pay, is it older than New York's 3 years for written contracts?

5. Go to every hearing

   Bring every paper you have, and send a dispute letter so the collector must prove the debt.

Free help in New York

• New York Attorney General – Consumer complaint · 1-800-771-7755
• LawHelpNY (free legal aid directory)
• Consumer Financial Protection Bureau (federal complaint)

Questions about debt lawsuits in New York

Related New York pages

• The full New York guide
• Statute of limitations in New York: 3 years
• Wage garnishment in New York: up to 10%
• Debt collector laws in New York: no statewide license
• “Is my debt too old?” checker for New York
• Dispute a debt and ask for proof (validation letter)
• Tell a collector to stop or limit contact
• Guide: sued by a debt collector
• Debt statute of limitations by state