Statute of Limitations on Debt in New York
How long a creditor or collector has to sue you over a debt in New York, and whether a payment restarts the clock.
Short answer: 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. N.Y. CPLR 213(2); CPLR 214-i
| 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 |
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| Time limit for credit cards and open accounts | 3 years for actions on consumer credit transactions, including credit cards. 3 years from treatment for medical debt suits by hospitals or licensed health care professionals. CPLR 213-d: https://www.nysenate.gov/legislation/laws/CVP/213-D Source: N.Y. CPLR 214-i; CPLR 213-d |
| Can a payment restart the clock? | For consumer credit debts, once the 3-year period expires, a later payment, affirmation of the debt or other activity does not revive or extend it. For other contract claims, only a written, signed acknowledgment or promise can take a claim out of the limitations period; the effect of a payment is left to other law. GOL 17-101: https://www.nysenate.gov/legislation/laws/GOB/17-101 |
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
- Wage Garnishment in New York
- How to Respond to a Debt Collection Lawsuit in New York
- What Creditors Can't Take in New York
- Medical Debt Protections in New York
- All New York debt & collections rules
FAQ
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 can a creditor sue on a credit card debt in New York?
3 years for actions on consumer credit transactions, including credit cards. 3 years from treatment for medical debt suits by hospitals or licensed health care professionals.
Does making a payment restart the statute of limitations in New York?
For consumer credit debts, once the 3-year period expires, a later payment, affirmation of the debt or other activity does not revive or extend it. For other contract claims, only a written, signed acknowledgment or promise can take a claim out of the limitations period; the effect of a payment is left to other law.
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.