Statute of limitations on debt in New York
3 years to sue on a written contract or an open account.
Short answer
New York limits what restarts 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). Collectors must also warn you about old debts: 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).
- Written contracts
- 3 years
- Open accounts and unwritten agreements
- 3 years
- Can a payment restart the clock?
- Not by itself
- Notice that a debt is too old?
- Yes
How long collectors have to sue in New York
- 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
At 3 years, New York is shorter than the most common limit in our 48 state guides, 6 years; 7 states share this limit. It is the shortest limit in our guides (7 states). Nearby, the written-contract limit is 6 years in New Jersey, 4 years in Pennsylvania, 6 years in Connecticut and 6 years in Massachusetts.
Your rights against collectors in New York
- Creditors and their agents may not tell your employer about the debt before getting a final judgment (GBL § 601(4)).
- 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.
Your right to sue a collector: 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.
Other New York rules on old debts
- 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.
- 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).
Must a collector say a debt is too old 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.
Can a payment 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).
Is my debt too old? Check New York's time limit
An old debt in a New York court
The time limit protects you only if you raise it, so answer on time. 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.
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.
Handling an old debt in New York
Think before you pay or sign
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).
Ask the collector for proof
Use a dispute letter within 30 days of the collector's validation notice.
Report a collector who sues on an old debt
File a complaint with New York State Attorney General, Bureau of Consumer Frauds and Protection (also NYS Department of Financial Services for third-party collectors) and to the CFPB at consumerfinance.gov/complaint. Phone: 1-800-771-7755.
Federal rules on old debts
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)). Most collection accounts can stay on a credit report for up to 7 years from 180 days after you first fell behind (15 U.S.C. 1681c). All the federal rules: time-barred debt guide.
Free help in New York
Questions about old debts 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)).
If I pay part of an old debt in New York, does the time limit start over?
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).
Does New York require a notice on time-barred debts?
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.
Related New York pages
- The full New York guide
- Wage garnishment in New York: up to 10%
- Sued by a debt collector in New York: 20 days
- Debt collector laws in New York: no statewide license
- Dispute a debt and ask for proof (validation letter)
- Debt statute of limitations by state
- Guide: time-barred debt
Statute of limitations in nearby states
- 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)
- GBL § 600
- GBL § 601
- GBL § 602
- GBL § 349
- GBL § 380-j
- 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.