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Debt & collections · Question

Is my old debt too old to sue on? New York's three-year limit for consumer credit debt

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

In short

In New York, a creditor or debt buyer generally must start a lawsuit on a consumer credit debt — such as a credit card, personal loan or store card — within three years (CPLR § 214-i). Once the three years have run, a later payment or a promise to pay does not revive or extend the deadline. Debt collectors may not sue or threaten to sue on a time-barred debt. But the debt doesn't simply vanish: if you are sued anyway, you must raise the time limit in your answer, or you may lose that defense.

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

In plain words

Statute of limitations
The deadline to start a lawsuit. After it passes, the person sued can ask the court to dismiss the case.
Time-barred debt
A debt whose statute of limitations has run out, so it can no longer be successfully sued on if the defense is raised.
Consumer credit transaction
Credit given to a person mainly for personal, family or household purposes — credit cards, personal loans, store financing.
Affirmative defense
A reason you raise yourself, in your answer, for why you shouldn't have to pay — such as the deadline having passed.

The full answer

CPLR § 214-i says that an action arising out of a consumer credit transaction, where the borrower or debtor is the defendant, must be commenced within three years. A consumer credit transaction is one in which credit is extended to an individual mainly for personal, family or household purposes (CPLR § 105(f)). That covers most credit card, personal loan and retail financing debts — whether the original lender or a debt buyer is suing.

The same section adds an important protection: once the limitations period has expired, any later payment, written or oral affirmation of the debt, or other activity on it does not revive or extend the limitations period. So a small 'good faith' payment on a debt that is already more than three years past the limit doesn't give the collector a new right to sue.

Under federal Regulation F, a debt collector must not bring or threaten to bring a lawsuit to collect a time-barred debt (12 C.F.R. § 1006.26(b)). And when a creditor asks the clerk for a default judgment, it must file an affidavit that, after reasonable inquiry, it believes the statute of limitations has not expired (CPLR § 3215(j)).

The time limit is a defense you have to use. New York requires a defendant to plead the statute of limitations in the answer (CPLR § 3018(b)), and the objection is waived if it isn't raised by motion or in the answer (CPLR § 3211(e)).

When does the three years start?

The statute doesn't print a start date. Limitation periods generally run from when the creditor's claim arose, which for most consumer credit debts is around when you defaulted — when you stopped making required payments. The date of your last payment, which a New York consumer credit complaint must state (CPLR § 3016(j)(3)), is a useful clue. Our statute-of-limitations calculator helps you estimate the date; if it's close, ask a lawyer.

Exceptions and special cases

  • Medical debt: a hospital or licensed health care professional must sue within three years of treatment (CPLR § 213-d).
  • Debts that aren't consumer credit: an ordinary contract claim that doesn't involve credit extended to you generally has six years (CPLR § 213(2)). Whether a given bill counts as 'consumer credit' can be a real question — ask a lawyer if the deadline is close.
  • Judgments are different: once a creditor has a court judgment, the three-year limit no longer protects you. A money judgment is presumed paid only after 20 years (CPLR § 211(b)). If you have a judgment you never knew about, see the page on vacating a default judgment.
  • Payments before the deadline: § 214-i's no-revival rule speaks to activity after the period expires. How a payment made before the deadline affects timing is more technical — get advice before paying on an older debt.
  • Credit reports follow a separate clock: most collection accounts generally can't be reported after seven years (15 U.S.C. § 1681c(a)(4)), whether or not the debt can still be sued on.
  • Debts that arose in another state, and business debts, may follow other rules.

What to do now

  1. Find the date of your last payment

    Check old bank statements, the collector's itemization (the 'last payment date' is one of the dates a validation notice can use) or your credit report.

  2. Don't be pressured into paying an old debt

    Paying is your choice. If the debt is past three years, a payment won't revive the right to sue in New York — but check first whether it is really past the limit.

  3. Dispute if the collector threatens to sue

    A threat to sue on a time-barred debt is itself barred by Regulation F. Keep the letter or a note of the call and consider a complaint to the CFPB or the New York Attorney General.

  4. If you are sued, answer and raise the time limit

    File an answer by the deadline and check the box or write that the statute of limitations has expired. If you don't raise it, you may lose the defense.

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Frequently asked questions

Does a time-barred debt disappear?

Not exactly. It can no longer be successfully sued on if you raise the defense, and a debt collector may not sue or threaten to sue. But a collector may still ask you to pay voluntarily, and the debt may remain on your credit report until the reporting period ends.

I made a small payment last month on a five-year-old credit card debt. Can they sue me now?

Under CPLR § 214-i, once the three-year period has expired, a later payment or acknowledgment does not revive or extend it. If you are sued, raise the statute of limitations in your answer and bring proof of the dates.

What if I already have a judgment on an old debt?

The three-year limit applies to starting a lawsuit, not to a judgment that already exists. If you were never properly served or didn't know about the case, you may be able to ask the court to vacate the judgment — see the page on vacating a default judgment.

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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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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.