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How to answer a debt lawsuit in New York: deadlines, defenses and filing

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

To answer a debt lawsuit in New York, you file a written answer with the clerk of the court named on the summons, and serve a copy on the plaintiff's lawyer, by the deadline: generally 20 days if the summons was handed to you, or 30 days after service is complete if it was served another way. Your answer should deny what isn't true and list every defense that may apply — including the three-year time limit and improper service, which can be lost if left out. After you answer, the court will set a date; go to every one.

Read on for the details, the exceptions and the sources.

In plain words

Answer
Your formal written response to the complaint.
Affirmative defense
A reason you raise yourself for why the plaintiff shouldn't win, such as the statute of limitations or payment.
Index number
The case number the court gives the lawsuit. Put it on everything you file.
Proof of service
A sworn statement by the process server saying how the papers were delivered.

Where to go

File your answer with the clerk of the court named on the summons — in New York City, usually the Civil Court in your county; elsewhere, often a district or city court. Bring the summons so the clerk can find your index number. Ask the clerk whether the court has a fill-in answer form for consumer debt cases and whether a help center or volunteer lawyer is available that day. The court system's CourtHelp pages explain the options.

What documents you need

  • The summons and complaint with all attachments
  • A note of the date and method of service
  • Your records: statements, last payment date, receipts, letters from collectors
  • Photo ID
  • Copies of your answer: one for the court, one for the plaintiff's lawyer, one for you

Fees and costs

Ask the clerk whether there is any fee to file an answer in your court. If you can't afford court fees, you can ask the court to waive them by filing a sworn statement about your income and assets (CPLR § 1101). If you lose, a judgment against an individual on a consumer debt carries interest at 2% a year (CPLR § 5004).

Deadlines

  • Summons handed to you personally: 20 days after service (CPLR § 320(a); in NYC Civil Court, 20 days if delivered to you in the city, NYC Civil Court Act § 402(a)).
  • Summons left with another person at your home or work and mailed, or attached to your door and mailed: 30 days after service is complete (CPLR § 320(a), § 3012(c)). Service is complete 10 days after the server files proof of service with the clerk (CPLR § 308(2), (4)). In NYC Civil Court: 30 days after proof of service is filed (NYC Civil Court Act § 402(b)).
  • If you missed the deadline but no judgment has been entered, ask the court to accept a late answer; it can do so for a reasonable excuse (CPLR § 3012(d)).
  • If you're not sure of your deadline, answer as soon as possible rather than waiting for the latest possible date.

Step by step

  1. Read the complaint line by line

    In a consumer credit case, the complaint must attach the contract or charge-off statement and state the original creditor, the last four digits of the account, the date and amount of your last payment, an itemization of the amount, and — if the plaintiff isn't the original creditor — when it got the debt and from whom (CPLR § 3016(j)).

  2. Respond to each claim

    Deny what you believe is untrue, and say when you don't know enough to admit or deny something — that counts as a denial. Anything you don't deny may be treated as admitted (CPLR § 3018(a)).

  3. List your defenses

    Include every one that may apply: improper service; the statute of limitations (three years for consumer credit, CPLR § 214-i; three years from treatment for medical debt, § 213-d); not your debt or identity theft; payment; wrong amount; the plaintiff hasn't shown it owns the debt. Affirmative defenses must be pleaded (CPLR § 3018(b)), and objections to service and the time limit are waived if not raised (CPLR § 3211(e)).

  4. File and serve

    File the answer with the clerk and get a stamped copy. Serve a copy on the plaintiff's lawyer at the address on the summons, keeping proof of mailing.

  5. Calendar every date

    Write down any date the clerk gives you and watch your mail for notices. Missing a court date can lead to a default.

What happens next

After you answer, the court schedules the case. Some cases are resolved at an early conference, where the plaintiff's lawyer may offer a settlement. You don't have to accept an offer, and you can ask the judge or a volunteer lawyer about it first. If you settle, read the stipulation carefully: if it says the plaintiff can get a judgment without further notice when you miss a payment, the clerk can enter one on an affidavit that you didn't comply (CPLR § 3215(i)).

If the case goes forward, the plaintiff must prove its claim, including that it owns the debt and the amount is correct. If the plaintiff can't, the case may be dismissed. If you lose, much of your income stays protected — see the pages on exempt income and wage garnishment.

Frequently asked questions

Can I answer without a lawyer?

Yes. Many people sued for consumer debts represent themselves. The clerk can explain procedures (but not give legal advice), and many courts have help centers and volunteer lawyer programs.

What does 'not properly served' mean?

New York sets specific ways to serve a summons, such as handing it to you, or leaving it with a person of suitable age at your home or job and also mailing it (CPLR § 308). If the server's affidavit describes something that didn't happen, raise improper service in your answer.

Should I file a counterclaim?

If the collector broke debt collection laws — for example, by suing on a time-barred debt — you may have claims of your own. Talk to a consumer lawyer before the answer deadline if you can.

Want your own situation checked?

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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Related guides

This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.