New York · Debt collection rights · Updated Oct 2026
Debt collectors in New York: your rights
What debt collectors can and can't do in New York, how long they have to sue, how much of your pay and bank account is protected, collector licensing, where to complain and what to do if you are sued, in plain English from official sources.
Your federal rights
These federal rules apply in New York and every other state. New York's own law, below, can add more.
- Who the federal law covers. The Fair Debt Collection Practices Act (FDCPA) covers debt collectors who collect for someone else and companies that buy debts, not usually the original creditor collecting its own debt (15 U.S.C. 1692a(6)). Some state laws also cover original creditors.
- A validation notice. A collector must give you a validation notice, in its first message or within 5 days after it, with the amount, the creditor and how to dispute (15 U.S.C. 1692g(a); 12 CFR 1006.34).
- Your right to dispute. If you dispute the debt in writing within the validation period (30 days after you get the notice), the collector must stop collecting until it mails you verification (15 U.S.C. 1692g(b); 12 CFR 1006.38).
- When collectors can contact you. No calls before 8 a.m. or after 9 p.m. your time, or at work if your employer doesn't allow it (15 U.S.C. 1692c(a)). More than 7 calls in 7 days about one debt is presumed to break the law (12 CFR 1006.14(b)(2)).
- Telling a collector to stop. If you tell a collector in writing to stop contacting you, it must stop, except to tell you it is ending collection or will take a specific step such as a lawsuit (15 U.S.C. 1692c(c)).
- What collectors can't do. No threats, obscene language, false statements (for example pretending to be a lawyer or the government, or threatening arrest) and no unfair practices such as collecting fees your contract doesn't allow (15 U.S.C. 1692d, 1692e, 1692f). A collector generally can't discuss your debt with your family, neighbors or employer (15 U.S.C. 1692c(b)).
Read how to dispute a debt or stop collector calls.
New York law and extra protections
- State law
- New York Debt Collection Procedures law (General Business Law Article 29-H) and DFS debt collection rule (23 NYCRR Part 1)
- Law
- N.Y. Gen. Bus. Law §§ 600-604; 23 NYCRR Part 1
- Covers original creditors
- Yes
- Extra protections
- Creditors and their agents may not tell your employer about the debt before getting a final judgment (GBL § 601(4)).
- They may not share information about a debt you dispute without saying it is disputed (GBL § 601(5)).
- 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).
- For consumer credit debts, once the 3-year limit runs out, a payment or promise does not restart it (CPLR 214-i).
- Can you sue under it?
- 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. You can also sue under the federal FDCPA.
- Official text
- Read the law
Old debts in New York
- Written contracts
- 3 years
- Open accounts and unwritten agreements
- 3 years
- Does a payment restart the clock?
- 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).
- Must collectors say a debt is too old?
- Yes. Third-party collectors and debt buyers must give a statute-of-limitations disclosure before accepting payment on a debt they know or should know is time-barred (23 NYCRR § 1.3, per DFS FAQ). New York City requires its own disclosure too.
- Law
- 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)
- Official text
- Read the law
The time limit is the statute of limitations. Once it runs out, the debt is “time-barred”: a collector must not sue or threaten to sue you, but the debt still exists. Read more about time-barred debt.
Is my debt too old? Check New York's time limit
Every state limits how long a creditor or collector has to sue you over a debt. This is the statute of limitations. Choose your state, the type of debt and the date of your last payment to see the limit and an estimated end date. Nothing you type here is sent anywhere.
Wage garnishment and bank accounts in New York
- Wage limit
- Stricter than federal: an income execution can take no more than 10% of your gross income. It also can never take more than 25% of your weekly disposable earnings or the amount above 30 times the higher of the federal or New York minimum wage, whichever is less, and nothing at all if your weekly disposable earnings are at or below that 30-times amount. Wages cannot be garnished at all on a medical debt judgment won by a hospital or licensed health care provider.
- 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)). If exempt payments like Social Security were directly deposited in the 45 days before, a separate protected amount applies (base $2,500, adjusted every 3 years by DFS) (CPLR 5205(l)).
- Law
- CPLR 5231(b); CPLR 5222(i); CPLR 5205(l)
Federal benefits such as Social Security, SSI and VA benefits that were directly deposited are protected in your bank account up to two months' worth (31 CFR 212.6). A creditor usually needs a court judgment before it can garnish your wages or bank account.
Property you can keep in New York
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). Dollar amounts are adjusted every three years by DFS. A hospital or provider with a medical debt judgment may not put a lien on your primary home (CPLR 5201(b)).
Collector licensing in New York
- License required
- No statewide license
- Who licenses
- No statewide license. New York City requires a debt collection agency license from the NYC Department of Consumer and Worker Protection (DCWP); some other cities have their own rules.
- Check a license
- Official license lookup
Medical debt in New York
Hospitals and licensed providers must sue within 3 years of treatment (CPLR 213-d). They cannot garnish wages or put a lien on your primary home for a medical debt judgment (CPLR 5231(b), 5201(b)). Credit bureaus may not report medical debt (GBL § 380-j). Note: on October 28, 2025 the federal Consumer Financial Protection Bureau issued an interpretive rule saying that the federal Fair Credit Reporting Act generally preempts state laws that ban medical debt from credit reports (90 Fed. Reg. 48710). The state law is still on the books, but credit bureaus may argue it cannot be enforced, and courts have the final say.
If you are sued 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.
- If you don't answer
- 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.
- Court self-help
- New York court self-help (official)
Don't ignore court papers. Read what to do if a debt collector sues you.
Where to complain in New York
- New York: New York State Attorney General, Bureau of Consumer Frauds and Protection (also NYS Department of Financial Services for third-party collectors) · 1-800-771-7755
- Federal: the Consumer Financial Protection Bureau takes complaints about debt collectors at consumerfinance.gov/complaint · (855) 411-2372.
- You can also report a collector to the Federal Trade Commission at ReportFraud.ftc.gov.
Free help in New York
Good to know in New York
- 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.
- In New York City, debt collection agencies must hold a DCWP license.
Changes in 2024–2026
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. GBL § 380-j(a)(3) bans credit bureaus from reporting medical debt.
Free letters to send a collector
Dispute a debt and ask for proof (validation letter)
Within 30 days of the collector's validation notice.
Tell a collector to stop or limit contact
Stop all contact, writing only, or no calls at work.
Questions about debt collection in New York
What is the statute of limitations on debt in New York?
3 years for written contracts and 3 years for open accounts and unwritten agreements (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)).
Does paying on an old debt restart the clock 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).
Must a collector tell me a debt is too old to sue on in New York?
Yes. Third-party collectors and debt buyers must give a statute-of-limitations disclosure before accepting payment on a debt they know or should know is time-barred (23 NYCRR § 1.3, per DFS FAQ). New York City requires its own disclosure too.
How much of my paycheck can be garnished in New York?
Stricter than federal: an income execution can take no more than 10% of your gross income. It also can never take more than 25% of your weekly disposable earnings or the amount above 30 times the higher of the federal or New York minimum wage, whichever is less, and nothing at all if your weekly disposable earnings are at or below that 30-times amount. Wages cannot be garnished at all on a medical debt judgment won by a hospital or licensed health care provider.
How much money in a bank account is protected in New York?
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)). If exempt payments like Social Security were directly deposited in the 45 days before, a separate protected amount applies (base $2,500, adjusted every 3 years by DFS) (CPLR 5205(l)).
Do debt collectors need a license in New York?
No. No statewide license. New York City requires a debt collection agency license from the NYC Department of Consumer and Worker Protection (DCWP); some other cities have their own rules.
Does New York have its own debt collection law?
Yes: the New York Debt Collection Procedures law (General Business Law Article 29-H) and DFS debt collection rule (23 NYCRR Part 1) (N.Y. Gen. Bus. Law §§ 600-604; 23 NYCRR Part 1). It also covers original creditors collecting their own debts.
How long do I have to answer a debt lawsuit 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)). The summons in NYC Civil Court or a local court states the deadline.
Does New York protect people with medical debt?
Hospitals and licensed providers must sue within 3 years of treatment (CPLR 213-d). They cannot garnish wages or put a lien on your primary home for a medical debt judgment (CPLR 5231(b), 5201(b)). Credit bureaus may not report medical debt (GBL § 380-j). Note: on October 28, 2025 the federal Consumer Financial Protection Bureau issued an interpretive rule saying that the federal Fair Credit Reporting Act generally preempts state laws that ban medical debt from credit reports (90 Fed. Reg. 48710). The state law is still on the books, but credit bureaus may argue it cannot be enforced, and courts have the final say.
Where can I complain about a debt collector in New York?
New York State Attorney General, Bureau of Consumer Frauds and Protection (also NYS Department of Financial Services for third-party collectors): https://ag.ny.gov/file-complaint/consumer · 1-800-771-7755
- GBL § 600
- GBL § 601
- GBL § 602
- GBL § 349
- GBL § 380-j
- CPLR 214-i
- CPLR 213-d
- CPLR 5231
- CPLR 5222
- CPLR 5205
- CPLR 5201
- CPLR 320
- DFS – Industry debt collection FAQs (23 NYCRR 1.3)
- NY AG – File a consumer complaint
- NYC DCWP – Debt collection agency license
- CPLR 105 (definitions)
- CPLR 213
- NY Senate: S4827E (2019), Consumer Credit Fairness Act
Last checked: Oct 24, 2026.