New York Statute of Limitations on Debt
New York has a notable split in its limitation periods. Credit card debt (treated as open account) expires in three years, while formal written contracts carry a six-year SOL. Oral contracts also have a six-year window.
| Debt Type | Statute of Limitations | |---|---| | Credit card debt (open account) | 3 years | | Medical debt | 3 years | | Auto loans (written contract) | 6 years | | Personal loans (written contract) | 6 years | | Oral contracts | 6 years | | Promissory notes | 6 years |
The three-year limit on credit card debt is one of the shortest in the country and works significantly in consumers' favor. The SOL clock runs from the date of default. Once expired, any lawsuit is time-barred — and New York has additional rules requiring collectors to disclose when a debt is time-barred before attempting to collect.
New York-Specific Consumer Protections
New York General Business Law § 349 — Deceptive Acts and Practices GBL § 349 prohibits deceptive business practices broadly, including in debt collection. Consumers have a private right of action. Successful plaintiffs can recover $50 (or actual damages, whichever is greater) plus attorney's fees and costs. Courts may award punitive damages for willful conduct.
New York City Consumer Debt Collection Law (NYC Admin. Code § 20-493 et seq.) New York City residents have an additional layer of protection under the NYC Consumer Debt Collection Law, which imposes requirements on collectors contacting NYC residents that go beyond state and federal law.
New York Debt Collection Disclosure Requirements Under New York state and NYC regulations, collectors must disclose in writing whether a debt is time-barred and cannot sue on it. This is a significant disclosure requirement that helps New York consumers identify old debts being improperly pursued.
New York City and State Wage Protections New York generally follows federal garnishment limits but provides additional protections for low-income earners. Wages below 30 times the minimum wage per week are completely exempt, and New York's minimum wage is higher than the federal floor — providing broader protection.
How to File a Complaint in New York
New York State Attorney General's Office — Bureau of Consumer Frauds and Protection
- Website: ag.ny.gov/bureau/consumer-frauds-and-protection-bureau
- Phone: 1-800-771-7755
- Online complaint portal available
New York City Department of Consumer and Worker Protection (DCWP)
- Website: nyc.gov/dcwp
- Phone: 311 (NYC) or (212) 436-0036
- For NYC-specific debt collection violations
Federal Rights That Apply Regardless of State
- Fair Credit Reporting Act (FCRA): Dispute inaccurate items; bureaus must respond within 30 days.
- Fair Debt Collection Practices Act (FDCPA): Federal collector conduct standards.
- Fair Credit Billing Act (FCBA): Billing error protections.
File at consumerfinance.gov/complaint.
Your First Action Step
New York's three-year SOL on credit card debt means any credit card default from before 2023 may already be time-barred. If you're being contacted by collectors on old credit card debt, verify the default date. Pull your reports at annualcreditreport.com and dispute any inaccuracies in writing. NYC residents should also check whether NYC-specific debt collection rules apply to their situation.