Sued by a debt collector in New York

About 20 days: that is the usual time to answer a debt lawsuit in New York. Below: default, defenses, what you can lose and the steps.

Short answer

New York's deadline is shorter than in most states, so act fast. 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)). 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. A debt older than New York's time limit for written contracts (3 years) can be a defense.

Time to answer
20 days
Time limit to sue (written contract)
3 years
Court self-help
Official page

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

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

Questions about debt lawsuits in New York

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.

What happens if I don't answer a debt lawsuit 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.

Is an old debt a defense to a lawsuit 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)). 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)).

Related New York pages

Sources

Last checked: Oct 24, 2026.

Federal sources