In New York, collectors generally have 3 years to sue you over credit card and other consumer credit debt under CPLR 214-i — reduced from 6 years by the Consumer Credit Fairness Act in 2022. A payment does not restart that clock. Wage garnishment is limited to 10% of gross wages, and the federal FDCPA applies on top.
Laws current as of July 2026 — statutes change; an attorney can confirm what applies to your situation.
For most consumer debt in New York — credit cards, store cards, personal loans, medical bills that arise from a consumer credit transaction — the statute of limitations is 3 years under CPLR 214-i. Older or non-consumer contract debts fall under the general 6-year rule in CPLR 213(2).
| Debt type | Time limit | Statute |
|---|---|---|
| Credit card / consumer credit transaction | 3 years | CPLR 214-i (Consumer Credit Fairness Act, effective April 7, 2022) |
| Written contract (non-consumer) | 6 years | CPLR 213(2) |
| Oral contract | 6 years | CPLR 213(2) |
| Promissory note (non-consumer) | 6 years | CPLR 213(2) |
The Consumer Credit Fairness Act (CCFA) was one of the biggest pro-consumer changes in the country. Before April 2022, collectors had 6 years to sue on a credit card. Now it's 3 — and the CCFA also tightened what debt buyers must prove in court, including specific notices to the consumer and more documentation with the complaint.
The clock generally starts when the debt first becomes due — for a credit card, that usually means the first missed payment you never caught up. If a debt buyer purchased your account years after you stopped paying, the clock does not restart when the account is sold.
Not without suing you first and winning a judgment. No collector can touch your paycheck based on phone calls or letters alone. Even after a judgment, New York's limits are among the stronger in the country:
New York also protects bank accounts. The Exempt Income Protection Act automatically shields a baseline amount in your account from restraint, and exempt funds like Social Security, SSI, unemployment, and child support cannot legally be seized to pay a consumer judgment.
In most states, there's a trap: make one small "good faith" payment on an old debt and the statute of limitations starts over. New York removed that trap for consumer credit debt.
Two cautions still apply. First, this protection covers consumer credit transactions — for other kinds of debt in New York, an acknowledgment or partial payment can still revive an expired claim under the General Obligations Law. Second, a collector may still ask you to pay a time-barred debt; they just can't win a lawsuit on it if you show up and raise the defense. Before paying anything on an old debt, it's worth having someone confirm which rule covers your account. An attorney can review whether you legally owe it at all.
Both federal and state law protect you when a collector calls. Under the federal Fair Debt Collection Practices Act (FDCPA), a debt collector cannot:
New York adds its own layer. General Business Law § 601 prohibits abusive collection practices and applies to original creditors as well as collection agencies. New York City goes further: collection agencies contacting NYC residents must be licensed by the Department of Consumer and Worker Protection and follow its rules, including verification requirements for time-barred debt.
If a collector crossed any of these lines, they may have violated federal law. Each FDCPA violation can be worth up to $1,000 to you, and the law can require the collector to pay the attorney's fees — which is why consumer-rights attorneys often take these cases at no upfront cost to you. This is not debt settlement; it's enforcing rights you already have.
This page is general information, not legal advice. Laws current as of July 2026 — statutes change; an attorney can confirm what applies to your situation.
For most consumer credit debt, including credit cards, the statute of limitations is 3 years under CPLR 214-i. The clock generally starts when the debt first becomes due — often the date of your first missed payment that was never caught up. Before April 7, 2022, the period was 6 years under CPLR 213(2), which still applies to many non-consumer contracts.
The debt does not disappear, and collectors can still ask you to pay. But if they sue and you raise the statute of limitations as a defense, they cannot win.
It is an affirmative defense — you must respond to the lawsuit and raise it. If you ignore the summons, the court can enter a default judgment against you even on an expired debt. Never ignore a lawsuit, even when you're sure the debt is too old.
Only after suing you and winning a judgment. Even then, a New York income execution under CPLR 5231 is limited to 10% of your gross wages — and if your disposable earnings are at or below 30 times the applicable minimum wage per week, your wages can't be garnished at all. Federal law separately caps garnishment at 25% of disposable earnings; whichever rule protects more of your pay applies.
For consumer credit debt, no. Under CPLR 214-i, a payment toward the debt or a written affirmation of it does not revive or extend the 3-year limitations period. This is unusual — in most states a partial payment restarts the clock.
For non-consumer debts in New York, an acknowledgment or payment can still revive the claim, so it's smart to get a free review before paying anything on an old debt.
Yes. The federal FDCPA applies on top of New York law. Collectors cannot harass you, lie about the debt, call before 8 a.m. or after 9 p.m., or tell third parties about your debt. Each violation can be worth up to $1,000 to you, and the law can require the collector to pay the attorney's fees.
Find out whether the debt is even inside New York's 3-year window — and whether the collector has already violated federal law. The case review is free.
Not a law firm. Providence Financial Solutions connects consumers with independent consumer-rights attorneys. Results vary. Not available in GA, ID, ND.