How to Respond to a Debt Collection Lawsuit in New York
The deadline to answer a debt lawsuit in New York, where to file, and what happens if you don't respond.
Short answer: Appear (by answer or motion) within 20 days after the summons is personally delivered to you, or within 30 days after service is complete if you were served another way (for example, by delivery to another person at your home plus mailing). N.Y. CPLR 320(a)
| Answering a debt lawsuit | Appear (by answer or motion) within 20 days after the summons is personally delivered to you, or within 30 days after service is complete if you were served another way (for example, by delivery to another person at your home plus mailing). NYC Civil Court and other local courts may have their own appearance rules; Source: N.Y. CPLR 320(a) |
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| Time limit to sue on a written contract | 6 years for contract actions generally. But a lawsuit against a consumer arising from a consumer credit transaction (such as a credit card or consumer loan) must be brought within 3 years. CPLR 213: https://www.nysenate.gov/legislation/laws/CVP/213. CPLR 214-i was added by the Consumer Credit Fairness Act (2021) and does not apply where UCC Article 2 or certain other provisions govern. Source: N.Y. CPLR 213(2); CPLR 214-i |
| How long a judgment lasts | A money judgment is presumed paid 20 years after the creditor was first entitled to enforce it. A signed written acknowledgment or a payment within the 20 years restarts the 20 years from that date. Source: N.Y. CPLR 211(b) |
Where to get help in New York
- New York State Office of the Attorney General, Bureau of Consumer Frauds and Protection
- File a complaint or claim
More New York debt & collections
- Statute of Limitations on Debt in New York
- Wage Garnishment in New York
- What Creditors Can't Take in New York
- Medical Debt Protections in New York
- All New York debt & collections rules
FAQ
How do I respond to a debt collection lawsuit in New York?
Appear (by answer or motion) within 20 days after the summons is personally delivered to you, or within 30 days after service is complete if you were served another way (for example, by delivery to another person at your home plus mailing).
What is the statute of limitations on debt in New York?
6 years for contract actions generally. But a lawsuit against a consumer arising from a consumer credit transaction (such as a credit card or consumer loan) must be brought within 3 years.
How long does a court judgment last in New York?
A money judgment is presumed paid 20 years after the creditor was first entitled to enforce it. A signed written acknowledgment or a payment within the 20 years restarts the 20 years from that date.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.