New York has a 3-year statute of limitations on most consumer debt. If a creditor is suing you on a debt older than 3 years from your last payment, the debt may be time-barred. Learn how to raise this defense.
In 2021, New York reduced the statute of limitations on consumer debt from 6 years to 3 years. This means that a creditor generally cannot sue you in New York if more than 3 years have passed since the date of your last payment on the account.
The statute of limitations clock typically starts running from the date of your last payment or last charge on the account. If you made no payment, it may run from the date the account was charged off or became delinquent.
If the statute of limitations has expired, you can raise it as a defense in your written answer. Check box 10 on the NY consumer credit answer form: 'Statute of limitations: the time has passed to sue on this debt.' The court can dismiss the case based on this defense.
Making even a small payment on a time-barred debt can restart the statute of limitations clock in some circumstances. Do not make any payment or written acknowledgment of the debt without understanding the implications.
Even if a debt is time-barred from lawsuit, it may still appear on your credit report for up to 7 years from the date of first delinquency. The statute of limitations only affects the right to sue — not credit reporting.
Enter your name, the plaintiff's name, county, and index number from your summons. The form updates in real time.
Check the defenses that apply to your case — identity theft, paid debt, statute of limitations, wrong amount, and more.
Download your completed answer, sign it, make copies, serve the plaintiff's attorney, and file with the court clerk.
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